Dean Morande

Dean Morande

Carlton Fields Jorden Burt

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Florida Court Recognizes Need To Show Prejudice To Establish Defense Of Failure Of Conditions Precedent Under Paragraph 22 Of The...

As part of its defense at trial in a foreclosure action, the defendants asserted that the plaintiff bank failed to satisfy the condition precedent of providing notice and an opportunity to cure before filing its complaint, as...more

5/11/2015 - Bank of New York Mellon Breach of Contract Final Judgment Foreclosure Mortgages Prejudice

California District Court Certifies TCPA Class Against Defaulted Defendant

The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received...more

11/11/2014 - Class Action Class Certification FCC TCPA

Pennsylvania District Court Certifies Class Despite Defendant’s Attempt To “Pick-Off” Class Representatives

A group of registered nurses formerly employed by the Department of Veterans Affairs sued the United States Office of Personnel Management (“OPM”) in a putative class action seeking declaratory and injunctive relief in...more

9/26/2014 - Class Action Class Certification Department of Veterans Affairs Healthcare Retirement Veterans

District Court Decertifies Class based on Dukes, Comcast and Tenth Circuit Precedent

Plaintiff sued for underpayment or nonpayment of royalties on natural gas produced from wells in Kansas due to defendant’s failure to place the gas in marketable condition. The district court initially certified the class in...more

7/23/2014

Putative Maybelline Makeup Class Fades In California District Court

The District Court for the Southern District of California denied certification in a California consumer class action in which Plaintiffs’ claimed that Maybelline falsely labeled and advertised its “SuperStay 24HR” makeup as...more

5/29/2014 - Class Action Class Certification Maybelline Putative Class Actions Rule 23(b)(2)

Seventh Circuit Reverses Remand Order Based On Supreme Court’s Knowles Decision

In what may become a more common trend in CAFA litigation based on the Supreme Court’s decision in Standard Fire Ins. Co. v. Knowles, ––– U.S. ––––, 133 S.Ct. 1345 (2013), the Seventh Circuit reversed the district court’s...more

4/21/2014 - CAFA Class Action Remand SCOTUS Standard Fire Ins. Co. v. Knowles

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

Eleventh Circuit Confirms There Is No CAFA Jurisdiction Where Separate Suits Are Filed To Keep The Number Of Plaintiffs Under 100

The plaintiffs—cruise passengers on the ill-fated Costa Concordia—filed two separate lawsuits, neither of which contained more than 100 plaintiffs....more

7/2/2013 - CAFA Class Action Jurisdiction Personal Jurisdiction Subject Matter Jurisdiction

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