Gary M. Pappas

Gary M. Pappas

Carlton Fields

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Spokeo Gets Lyft Off

The Northern District of California dismissed a Fair Credit Reporting Act case against Lyft upon finding that plaintiff lacked Article III standing based on the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct....more

11/4/2016 - Article III Background Checks Class Action Credit Reports FCRA Hiring & Firing Injury-in-Fact Job Applicants Lyft Putative Class Actions Sharing Economy Spokeo v Robins Standing

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more

9/29/2016 - Advertising ATDS Class Action Faxes Motion To Strike Opt-Outs Prior Express Consent Putative Class Actions TCPA Telemarketing Unsolicited Faxes

Nothing Shady Where State Statutory Language Restricting Class Actions is Clear

Six years ago, the U.S. Supreme Court stated in a plurality opinion that “Rule 23 unambiguously authorizes any plaintiff, in any federal proceeding, to maintain a class action if the Rule’s requirements are met” — even if the...more

9/26/2016 - Class Action Membership Interest Putative Class Actions Rule 23 Sam's Club

Cy Pres Standard Dispute Settled With Reasonable Approximation

The District Court for the Southern District of New York recently addressed whether the “next best” or “reasonable approximation” standard should apply when the court evaluates proposed cy pres designations in class action...more

9/8/2016 - Charitable Organizations Citigroup Class Action Cy Pres Funds Financial Markets Financial Sector Securities Securities Fraud Securities Litigation Settlement Shareholders

No Repose for Debate on Applicability of American Pipe Tolling

In its seminal 1974 American Pipe opinion, the Supreme Court held that the commencement of a class action tolls the applicable statutes of limitation as to all putative class members who would have been parties had the class...more

9/2/2016 - American Pipe & Construction Co. v. Utah Bernie Madoff Class Action Investment Fraud JPMorgan Chase Ponzi Scheme Putative Class Actions Rule 23 Rules Enabling Act Securities Securities Exchange Act Securities Fraud Statute of Limitations Statute of Repose Tolling

Seventh Circuit Strikes Again – Rejects Settlement In Shareholder Deal Litigation

In yet another strongly-worded opinion, the Seventh Circuit rejected the proposed settlement of a Walgreens’ shareholder strike suit in which the class obtained “worthless” supplemental disclosures but class counsel received...more

9/1/2016 - Appeals Attorney's Fees Class Action Corporate Counsel Delaware General Corporation Law Settlement Offer Shareholder Litigation Shareholders Supplemental Disclosures Walgreens

Look, up in the sky! It’s a bird, it’s a plane, it’s… uh oh… a Super Lien!

Liability insurers have always gnashed teeth over the dreaded “super lien” – aka a lien asserted by Medicare for treatment expenses where the patient is reimbursed through a settlement obtained in personal injury litigation....more

8/29/2016 - Humana Insurance Industry Liability Insurance Liens Medical Reimbursement Medicare Medicare Advantage Organizations (MAOs) Medicare Secondary Payer Act Private Right of Action Settlement Slip and Fall

Medicare Advantage Organizations May Sue For Double Damages Under MSP Act - Humana Medical Plan, Inc. v. Western Heritage Ins....

On August 8, the Eleventh Circuit Court of Appeals decided an issue of first impression in the circuit under the Medicare Secondary Payer (MSP) Act. In sum, the Eleventh Circuit held that a Medicare Advantage Organization...more

8/17/2016 - Damages Health Insurance Healthcare Humana Medical Liens Medical Reimbursement Medicare Medicare Advantage Organizations (MAOs) Medicare Part C Medicare Secondary Payer Act Slip and Fall

“Placeholder” Motions to Certify are Unnecessary after Campbell-Ewald According to South Carolina District Court

Relying on the Supreme Court’s 2016 opinion in Campbell-Ewald, the United States District Court for the District of South Carolina ruled that a class action plaintiff need not file a “placeholder” motion to certify to avoid a...more

8/12/2016 - Campbell Ewald v Gomez Class Action Class Certification Mootness Offer of Judgment Rule 23 Rule 68 TCPA

Smooth Operators: Seventh Circuit Untangles Objections and Affirms Settlement of Hair Product Class

The Seventh Circuit Court of Appeals affirmed a class settlement over objection in a case involving a hair-smoothing product (“the Smoothing Kit”) that allegedly destroyed users’ hair and burned their scalps. Plaintiffs sued...more

4/18/2016 - Class Action Class Members Reimbursements Settlement Agreements Unilever

2015 Food Industry Decisions With Bite

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

2/15/2016 - Ascertainable Class CAFA Chobani Inc Class Action Class Certification ConAgra Dietary Supplements FDCA Food Contamination Food Labeling Food Manufacturers Natural Products Ocean Spray Organic Preemption Rule 23(b)(3) Standing

Don’t Tip Just Yet: Uber Taxi Class Gets Limited Certification

A federal judge in San Francisco recently certified a limited class in a lawsuit against Uber under the California Unfair Competition Law (UCL) and the California Consumers Legal Remedies Act (CLRA). The plaintiff sought to...more

1/5/2016 - Class Certification Corporate Counsel Mobile Apps Rule 23 Sharing Economy Taxi Cabs Uber Unfair Competition

California Court Gives Ford SUV Tailgate Class the Boot

Plaintiffs from California, New Jersey, and Florida claimed their 2002-2005 Ford Explorers, Mercury Mountaineers, and Lincoln Aviators suffered from a common design defect: the plastic appliqué just below the flip-glass on...more

12/18/2015 - Automotive Industry Class Action Design Defects Expert Testimony Ford Motor

Tablet Class Damages Model Doesn’t Tabulate … For Now

The Central District of California denied certification of a class that otherwise met the requirements of Rule 23 because the damages model proposed by plaintiff’s expert did not establish a reliable method for calculating...more

12/16/2015 - Children's Toys Class Action Class Certification Damages Rule 23

Missouri District Court Joins the List: Unaccepted Rule 68 Offer Does Not Moot Claims

Yet another court has found that an unaccepted Rule 68 Offer of Judgment will not moot a putative class action, even where the offer purports to satisfy all of plaintiff’s demands. Plaintiffs sued in the Eastern District of...more

11/12/2015 - Breach of Contract Buyouts Campbell Ewald v Gomez Genesis Healthcare Corp. v. Symczyk Putative Class Actions Rule 23 Rule 68 SCOTUS

Third Circuit Reverses Denial of Class Certification in Complete Sham Telemarketing RICO Case

The United States Court of Appeals for the Third Circuit reversed the denial of class certification in a case brought against a bank and its payment processors that allegedly engaged in a fraudulent scheme to cause...more

9/18/2015 - ACH Payments Appeals Bank Accounts Banking Sector Banks Class Action Class Certification Financial Institutions Fraud Fraudulent Transfers Payment Processors Racketeering RICO Rule 23(b)(3) SCOTUS Telemarketing Wal-Mart

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 Industry 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

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