David Cannella

David Cannella

Carlton Fields Jorden Burt

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Running on Empty: Defective Gas Class Sputters in Louisiana District Court

The Middle District of Louisiana denied certification of a putative class bringing claims for redhibition and unjust enrichment against Exxon Mobil Corporation (“Exxon”). Plaintiffs allegedly purchased gasoline refined at...more

4/2/2015 - Ascertainable Class Class Action Exxon Mobil Oil & Gas Predominance Requirement Putative Class Actions Rule Rule 23(b)(3) Unjust Enrichment

Illinois District Court Denies Certification of Class in TCPA Claim for Lack of Typicality, Adequacy, Numerosity and...

The Northern District of Illinois denied certification of a class in a claim brought pursuant to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. Sec. 227. Plaintiff alleged that defendant violated the TCPA by...more

3/6/2015 - Ascertainable Class Class Action Faxes TCPA Unsolicited Faxes

Northern District of California Adopts Flexible Approach To Analyzing Pre-Certification Standing Issues

The United States District Court for the Northern District of California partially granted and partially denied a motion to dismiss based on the standing of 18 named plaintiffs from 13 different states seeking class...more

2/5/2015 - Cell Phones Class Action Class Certification Standing

Seventh Circuit Rejects Another Settlement With Disproportionate Attorney Fees Compared to Class Member Benefits

The Seventh Circuit Court of Appeals rejected a class action settlement because class counsel would have received generous attorney fees for conferring only meager benefits to the class. Writing for the Court, just as he did...more

12/9/2014 - Appeals Attorney's Fees Class Action False Advertising Non-Judicial Settlement Agreements Nutritional Supplements Richard Posner

Exaggeration of Counsel’s Class Action Experience Draws Rule 11 Sanction

New York District Court Judge Shira A. Scheindlin found class counsel’s allegation that they were experienced and competent was false because they could not provide any case in which they were certified as class counsel or...more

8/15/2014 - Class Action False Statements Rule 11 Sanctions

Ohio District Court Strikes Impermissible "Fail-Safe" Class Allegations

In a Telephone Consumer Protection Act (“TCPA”) case, the United States District Court for the Southern District of Ohio struck plaintiff’s class action allegations because Plaintiff proposed a “fail-safe” class in which...more

5/20/2014 - Cell Phones Class Action CVS Putative Class Actions TCPA Validity

California District Court Invalidates Opt-Outs And Orders Employer To Issue A Curative Notice To Employees Regarding A Putative...

The U.S. District Court for the Northern District of California, in a wage and hour class action, found that the employer’s written communication to putative class member employees about the action, which included an opt-out...more

5/2/2014 - Class Action Employer Liability Issues Opt-Outs Putative Class Actions Wage and Hour

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in...more

10/14/2013 - Class Action Class Certification Corporate Counsel Litigation Strategies Outside Counsel

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