David Luck

David Luck

Carlton Fields Jorden Burt

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Avon Calling: Employees Allege Overtime Exemption Misclassification

Avon categorizes all of its district service managers (DSMs) under the “administrative” exception of California law that requires employers to pay overtime wages. DSMs are the Avon employees who recruit and train the...more

5/19/2015 - Avon Class Action Dukes v Wal-Mart Independent Contractors Misclassification Rule 23(b)(3) Unpaid Overtime Wage and Hour

Town Gets Schooled on Class Definition in PCB Contamination Case

The Town of Lexington, Massachusetts filed a putative class action in 2012 on behalf of itself and alleged similarly situated Massachusetts school districts that have one or more buildings with airborne...more

4/8/2015 - Contaminated Properties Federal Rules of Civil Procedure FRCP 15 municip PCBs Putative Class Actions Rule 23

Fifth Circuit Affirms Certification of Electronic Funds Transfer Act Class

In a case similar to its late-2014 decision in Mabary v. Home Town Bank, N.A., 771 F.3d 820 (5th Cir. 2014), the Fifth Circuit recently affirmed certification of a class of consumers who were charged a fee for using an...more

3/16/2015 - ATMs Banks Class Action Class Certification EFTA Electronic Fund Transfer Act First National

Dismissal With Prejudice Of Single Action In MDL Is Immediately Appealable, SCOTUS Holds

When a putative class action is transferred and consolidated with others for coordinated pretrial proceedings in multidistrict litigation (“MDL”) under 28 U.S.C. § 1407, it ordinarily remains an independent action for...more

2/12/2015 - Appeals Dismissal With Prejudice Gelboim v Bank of America Multidistrict Litigation Putative Class Actions SCOTUS

Standing Committee Approves Proposed Revised Rule 37(e)

The Committee on Rules of Practice and Procedure (Standing Committee) recently approved a revised Rule 37(e), which is intended to establish greater uniformity in the ways federal courts respond to the loss of electronically...more

6/20/2014 - Discovery Electronically Stored Information Federal Rules of Civil Procedure Proposed Amendments Rule 37

The Eleventh Circuit Reverses CAFA-Based Remand Order

On June 5, 2014, the Eleventh Circuit decided in favor of Fifth Third Bank on its appeal of a district court order remanding a putative class action to Florida state court. The basis for the remand order had been the...more

6/11/2014 - CAFA Class Action Putative Class Actions Remand

Florida Supreme Court Modifies State Forum Non Conveniens Doctrine As To The Level Of Deference Owed To An Out-Of-State...

On June 20, 2013, the Florida Supreme Court issued its decision in Cortez v. Palace Resorts, Inc., Case No. SC11-1908, addressing Florida’s forum non conveniens doctrine (a version of the federal standard). ...more

6/25/2013 - Choice-of-Venue Enforcement Forum Non Conveniens Forum Selection Clause

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