Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house...more
Our firm recently conducted a survey that reveals conflicting views by companies regarding whether their outside counsel should use generative artificial intelligence.
Originally published in Law360....more
It is basic, but critical, to persuade the court that the result you seek is the right result. The court has to feel good about ruling in favor of your client. As Judge Gurfein of the Second Circuit aptly stated, “It is still...more
The 2023 Carlton Fields Class Action Survey provides an overview of important issues and practices related to class action matters and management. The annual publication reports on historical trends captured since the...more
Representative actions brought under California’s Private Attorneys General Act (PAGA) have been the bane of that state’s labor lawyers’ existence since PAGA’s enactment in 2004. Thanks to this week’s Supreme Court decision...more
6/20/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
We have blogged in the past about the importance of companies being intentional in drafting their arbitration agreements. It is important to think through such issues as: Should we include a class action waiver? Should we...more
Carlton Fields is pleased to share its 11th annual Class Action Survey, which provides an overview of important issues and practices related to class action matters and management. This annual publication reports on...more
The 2022 Carlton Fields Class Action Survey reveals that companies with class actions are seeing increases in the number of class actions they face at a given time. The current portfolio reveals the highest number of both...more
This year has been an important one for class action law. Here are 10 of the most important class action cases of 2021 and their impact on class action litigation....more
12/10/2021
/ Article III ,
Class Action ,
Corporate Counsel ,
Data Breach ,
NCAA ,
Predominance Requirement ,
Securities Exchange Act ,
Standing ,
Student Athletes ,
TCPA ,
TransUnion LLC v Ramirez
This blog has occasionally advised corporate counsel to review their company’s arbitration agreements for scope and clarity. This is another such warning. Simply put, buttoned-up contracts containing arbitration provisions...more
Class discovery is inherently more limited than normal fact discovery for trial, and litigators understandably approach it in a more narrow fashion than they would trial discovery. The Fifth Circuit recently reminded class...more
The Eleventh Circuit recently imparted an important message to the class action bar, and in particular to attorneys representing different named plaintiffs in competing class actions: there is “only one gatekeeper under Rule...more
This week, an Eleventh Circuit panel, in a 2-1 decision, reversed the approval of an incentive payment to the named plaintiff, calling the payment an unauthorized bounty. The case involved a Telephone Consumer Protection Act...more
As a recent Ninth Circuit decision demonstrates, although substantial time, effort, and briefing may be spent litigating issues in a removed federal putative class action, parties should be prepared for a round two of their...more
The Seventh Circuit confronts “objector blackmail” and limits the extraction of “rents from the litigation process simply by showing up and objecting to consummation of the settlement.”...more
The Third Circuit Court of Appeals recently issued a decision regarding the fee award in the National Football League concussion injury litigation. The decision is non-precedential but still instructive. ...more
On May 13, 2020, the Ninth Circuit Court of Appeals affirmed the remand of a wage and hour class action lawsuit filed in California state court based on the home state exception to the Class Action Fairness Act (CAFA). In its...more
Over the last month, there have been numerous lawsuits across the country by policyholders seeking insurance coverage for losses they claim are resulting from the COVID-19 pandemic.
In the last two weeks, the new trend has...more
Even before the current pandemic crisis, we have noticed a growing trend in the filing of class action lawsuits challenging, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), notices required to be issued by...more
Courts have been and likely always will be reluctant to strike class allegations or deny class certification before class discovery. Indeed, over-aggressive attempts to strike class allegations can often do more harm than...more
Vanderbilt University law professor Brian Fitzpatrick has written a new book titled The Conservative Case for Class Actions (University of Chicago Press, 2019). An excerpt was published in the winter 2020 issue of Vanderbilt...more
In September 2019, the Federal Trade Commission issued a staff report titled “Consumers and Class Actions: A Retrospective and Analysis of Settlement Campaigns.” The FTC staff studied 149 consumer class action settlements and...more
The Eleventh Circuit recently examined the application of the $5 million amount-in-controversy requirement under the Class Action Fairness Act (CAFA) to disputes over life insurance premiums and policies. It concluded that...more
1/9/2020
/ Amount in Controversy ,
Breach of Contract ,
CAFA ,
Class Action ,
Consumer Insurance Products ,
Covenant of Good Faith and Fair Dealing ,
Declaratory Relief ,
Good Faith ,
Injunctive Relief ,
Life Insurance ,
Policy Terms ,
Premiums ,
Putative Class Actions ,
Reinstatement ,
Removal
A federal court in Massachusetts recently denied class status for a group of individuals caught driving in the fast lane. Finding that the named plaintiff failed to demonstrate typicality and predominance, the District of...more
After receiving a bankruptcy discharge, a borrower whose home is pending foreclosure has two options: stay in the home and, perhaps, make voluntary payments on the mortgage, or leave the home and start fresh. When a debt...more
11/14/2019
/ Bankruptcy Code ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Bankruptcy ,
Debt Collection ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
FRCP 23(b)(3) ,
Homeowners ,
Mortgages ,
Popular ,
Preemption ,
Putative Class Actions ,
Reversal ,
Statutory Violations