Gary M. Pappas

Gary M. Pappas

Carlton Fields Jorden Burt

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Eighth Circuit Affirms Denial of “Predominance” Class: The Long Arm of the Missouri Merchandising Practices Act Does Not Reach...

In 2012, California resident Ronald Perras brought suit in federal district court against H&R Block and its affiliates (H&R), which are headquartered in Kansas City, Missouri. Perras alleged that H&R violated the Missouri...more

7/10/2015 - Class Action Class Certification Fees H&R Block Predominance Requirement

All About That Base: Claim Against Fat Loss Supplement Maker Fails For Lack of Ascertainability

Adam Karhu bought a dietary supplement called VPX Meltdown Fat Incinerator (“Meltdown”) in reliance on advertising by Vital Pharmaceuticals, Inc. (“VPX”) that Meltdown would result in fat loss. Concerned that Meltdown did not...more

6/25/2015 - Ascertainable Class Class Action Class Certification False Advertising Humana Motion for Reconsideration Pharmaceutical Manufacturers Vital Pharmaceuticals Weight-Loss Products

No Certification Where Class Representatives Have Conflicting Interests

Seventy-eight of the over 4,000 Michigan childcare providers who received state subsidies for offering services to low-income families voted to oppose having their union dues deducted from their subsidy payments. Six of the...more

5/29/2015 - Class Action Class Certification First Amendment Putative Class Actions Union Dues Wage and Hour

“Game Over”: Aliens vs. Consumer Class Action

Two video game enthusiasts brought a consumer class action suit against Sega of America, Inc. (“Sega”) and Gearbox Software, LLC (“Gearbox”) for their alleged disappointment in the quality of the video game “Aliens: Colonial...more

5/28/2015 - Ascertainable Class Class Action Class Certification Sega Video Games Young Lawyers

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

SCOTUS Accepts Certiorari to Address Article III Standing in “No-Injury” FCRA Class Action

On April 27, the Supreme Court accepted certiorari review in Spokeo, Inc. v. Robins, 13-1339, to address whether consumers can establish Article III standing without actual harm or injury, by alleging a violation of a federal...more

5/4/2015 - Article III FCRA Right to Privacy SCOTUS Spokeo v Robins Standing

Two Out of Three Ain’t Bad: Kansas District Court Certifies Settlement Class and Grants Preliminary Approval but Rejects Notice by...

A boy fell through the vinyl guardrail his father installed on the second story deck of their home. After settling his son’s personal injury claims, the father sued Home Depot and the guardrail manufacturer on behalf of...more

4/30/2015 - Class Action Home Depot Product Defects Rule 23 Settlement Negotiations Written Notice

Court Declines to Certify Class Alleging Off-Label Marketing of Cancer Drug

Third party payors (“TPPs”) responsible for paying the costs of prescriptions for their beneficiaries sued Cephalon, Inc., alleging that it engaged in unlawful off-label marketing of Actiq, a drug approved to manage...more

4/10/2015 - Cephalon Choice-of-Law FDA Off-Label Promotion Off-Label Use Predominance Requirement Prescription Drugs Putative Class Actions

Predominance Lacking in Telephone Recording Case Involving Caller Consent

In a class action brought under a California penal statute that prohibits the intentional recording of telephone calls without the consent of all parties on the call, a California district court denied class certification on...more

4/9/2015 - Audio Recording Predominance Requirement Prior Express Consent Putative Class Actions

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 PCBs Putative Class Actions Rule 23

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

Sweet Ending for Plaintiffs in Food Labeling Class Action Against Ghirardelli

A California district court certified a Rule 23(b)(3) food labeling class action against chocolatier Ghirardelli and approved a proposed settlement. The genesis of Plaintiffs’ claim is that defendant mislabeled its “White...more

3/13/2015 - Class Action Food Labeling Food Manufacturers Ghirardelli Settlement

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

Florida District Court Rejects Motion To Strike But Allows Pre-Certification Standing Challenge In Snack Food Labeling Case

Before class certification hearings occur in the Southern District of Florida, defendants may not challenge plaintiff’s class allegations via Rule 12(f) motions to strike but may challenge plaintiff’s standing via motions to...more

2/4/2015 - Class Action Class Certification Food Labeling Food Manufacturers Motion To Strike Standing

Eleventh Circuit Affirms CAFA-Based Remand Order

Just two weeks after the Supreme Court’s decision in Dart Cherokee Basin Operating Co., LLC v. Owens, the Eleventh Circuit affirmed a CAFA-based remand order where the defendant failed to establish by a preponderance of the...more

1/14/2015 - Amount in Controversy CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Diversity Jurisdiction Eli Lilly Federal Jurisdiction Incentive Compensation Jurisdiction Removal SCOTUS

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

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

Ohio District Court Limits American Pipe Tolling Doctrine

The District Court for the Southern District of Ohio recently limited the American Pipe tolling doctrine in a fraud suit arising out of the sale of residential mortgage-backed securities (“RMBS”). Plaintiffs’ 2011 Ohio...more

11/6/2014 - American Pipe Tolling Doctrine Putative Class Actions RMBS Securities Fraud Statute of Repose Tolling

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

Ninth Circuit Approves Statistical Sampling And Affirms Certification Of Overtime Class

The Ninth Circuit recently affirmed certification of a class of an estimated 800 current and former California-based Allstate Insurance Company adjusters who allege that Allstate has a practice or unofficial policy of...more

9/22/2014 - Allstate Class Action Class Certification Employee Rights Employer Liability Issues Unpaid Overtime

Texas District Court Denies Class Certification for Hedge Fund Investors on Numerosity and Predominance Grounds

In 2008, investors in the Parkcentral hedge fund lost as much as $3 billion dollars when Parkcentral’s investment in commercial mortgage-backed securities (“CMBS”) was devalued. The investors, limited partners of Parkcentral,...more

9/19/2014 - Class Action Class Certification Fiduciary Duty Hedge Funds Investors Misrepresentation Mortgage-Backed Securities Numerosity Omissions Predominance Requirement

District Court Cleans Up Whirlpool Washing Machine Class Definition

Having requested and obtained certification of a class of consumers who had purchased a number of Whirlpool Duet model washers allegedly susceptible to serious mold problems, Plaintiffs later sought to limit the class so as...more

9/17/2014 - Class Action Mold Litigation Whirlpool Whirlpool v Glazer

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

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

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