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
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
The relatively light burden of proving numerosity under Rule 23(a) cannot be satisfied with speculative testimony, even if an expert does the speculating, says the Southern District of Florida.
In a putative class...more
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
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
Florida trial courts have the discretion to disallow an award of attorney’s fees to a litigant that prevails on an offer of judgment, aka proposal for settlement, if the court determines the offer was not “made in good...more
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
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
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
In Root v. Balfour Beatty Const., LLC, 2014 WL 444005 (Fla. 2d DCA February 5, 2014), Florida joined a growing list of courts around the country that expressly prohibit “fishing expeditions” in social media discovery. Root...more
On November 14, 2013, the Florida Supreme Court adopted amendments to the Uniform Guidelines on the Taxation of Costs that specifically allow a successful litigant to recover certain e-Discovery expenses. The amended...more
The Florida Supreme Court recently considered the data storage capability of a smartphone in the context of a Fourth Amendment search and seizure case. ...more
The 2013 Florida legislature wasted no time responding to the March 20 Supreme Court opinion in Wos v. E.M.A., 568 U.S. __ (2013)....more
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