Gary M. Pappas

Gary M. Pappas

Carlton Fields Jorden Burt

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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

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

Certification Denied for Purchasers of Product Awash with Design Differences

The Central District of California denied Plaintiff’s motion to certify a class of purchasers of Defendant’s washing machines that contain an air hose connected to an air dome. Plaintiff alleged the connection between the...more

7/17/2014 - Bodily Injury Class Action Class Certification Property Damage

Preemptive Strike Terminates Nationwide Product Defect Class In Louisiana

A Louisiana District Court struck plaintiff’s class allegations in a putative nationwide class of Mercedes vehicle owners finding plaintiff failed to meet his burden of proving predominance, superiority and...more

6/17/2014 - Class Action Mercedes-Benz Predominance Requirement Putative Class Actions Superiority Claims

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)

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

Court Rejects Two Common Methods Of Proving Reliance On Class-Wide Basis

Plaintiffs in a securities fraud class action containing over 2,000 individual investors were unable to convince a New York District Court that the reliance element of their claims was susceptible to a common method of proof...more

4/30/2014 - Circumstantial Evidence Class Action Class Certification Presumption of Reliance Rule Securities Fraud

Courts Find Removal Is Not Permitted Under CAFA Where Plaintiff Did Not Plead A Class Action Under Rule 23 Or Comparable State...

District Courts continue to shape the boundaries of CAFA jurisdiction in suits that are not pleaded as class actions. For example, the District Court for the Eastern District of Louisiana held that defendants could not...more

4/24/2014 - CAFA Class Action Jurisdiction Mississippi ex rel. Hood v. AU Optronics Removal Rule 23

Further Affiant Sayeth Naught: The Import Of Personal Knowledge In Class Certification Affidavits

The Eastern District of Virginia weighed in on the split among federal district courts as to whether affidavits in support of or in opposition to motions for class certification must be based on personal knowledge. The...more

4/22/2014 - Class Action Class Certification Equifax

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

Proposals For Settlement: How To Draft Ones That Will Stick And How To Deal With Them When They Land On Your Desk

In This Presentation: - Offer of Judgment Statutes - 768.79 Offers - Rule 1.442 - What does an OJ include? - Shifting Defendant’s Fees - 768.79 Language - Shifting Plaintiff’s Fees - Subsequent Offers -...more

12/19/2012 - Apportionment Class Action Evidence Fee-Shifting Statutes Offer of Judgment Standard of Review Strict Construction

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