Jacob Hathorn

Jacob Hathorn

Carlton Fields Jorden Burt

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Question Certified To Second Circuit: Does The Court Or The Arbitrator Decide Whether An Arbitration Agreement Permits Class...

In the Second Circuit, as in other jurisdictions, only exceptional circumstances will justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment. A New York federal...more

3/20/2015 - Arbitration Arbitration Agreements Final Judgment Interlocutory Appeals

Sixth Circuit Rejects Rule 23(F) Petition: Comcast Not Necessarily Triggered By Antitrust Class’s Use Of A Single Damages Model...

In an antitrust class action lawsuit, multiple theories of liability often create separable anticompetitive effects that, when combined, can result in aggregated damages, but a plaintiff’s model must measure damages...more

2/20/2015 - Antitrust Litigation Calculation of Damages Class Action Class Certification Comcast v. Behrend Employer Liability Issues Hospitals Nurses Rule-of-Reason Analysis SCOTUS Wage-Fixing

California Bans Use of Price Optimization

Yesterday California Insurance Commissioner Dave Jones became the latest voice in a growing chorus of state insurance regulators who condemn the use of “Price Optimization” as a mechanism for adjusting property-casualty...more

2/20/2015 - Discrimination Insurance Commissioners Insurance Industry Insurance Rates Price Optimization

Third Circuit: Strict Ascertainability Optional for Rule 23(B)(2) Class

Although not explicitly set forth in Rule 23, an essential prerequisite of any action under Rule 23 is that there must be an identifiable “class” at the moment of certification. The shorthand term commonly used to refer to...more

1/22/2015 - Appeals Ascertainable Class Class Action Class Certification Declaratory Relief Injunctive Relief Rule 23 Rule 23(b)(2)

Connecticut Insurers Get a Day in Court to Resolve Regulatory Investigations

As Hillary Clinton can attest,some government investigations tend to drag on, and they create problems for their targets as long as they last. In late 2011, the targets of a lingering investigation by the Connecticut...more

1/14/2015 - Declaratory Judgments Exhaustion Doctrine Government Investigations Insurance Industry

Division I Athlete Commences Collective Action Seeking Pay For Play

A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to...more

11/20/2014 - Class Action College Athletes Colleges FLSA NCAA NLRB Universities Wage and Hour

California District Court Certifies “Not Inherently Unascertainable” Consumer Class

In addition to the explicit Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy of representation, an implied prerequisite to certification is that the class must be sufficiently definite: that is,...more

10/22/2014 - Class Certification Credit Reporting Agencies Credit Reports Debt Buyers Debt Collection FDCPA HSBC Midland Funding Putative Class Actions

Security Guards Unable To Secure Certification Without Commonality

A California federal district court recently denied a motion for class certification because the evidence presented in connection with the motion refuted plaintiffs’ attempted showing of commonality through uniform exposure...more

9/26/2014 - Commonality Employer Liability Issues Employment Policies Firearms Putative Class Actions Rest and Meal Break Security Guards

The NAIC Considers a Stable of Issues at the Summer National Meeting

During the 2014 Summer National Meeting, contingent deferred annuities led the way with the most NAIC groups considering the regulation of CDAs. - At the head of the pack was the CDA (A) Working Group, which received...more

9/25/2014 - Annuities CDAs NAIC Reinsurance

Nutmeg, Sí, Palmetto, No!: Travelers Wins Both Sides of Insurer-vs.-Insurer Dispute

Although large or protracted losses can implicate more than one liability policy, sometimes only one insurer steps up to provide a defense. When that happens, the insurer can try any of several ways to recover its expenses...more

9/3/2014 - Declaratory Judgments Duty to Defend Insurers Liability Insurance Travelers Property Casualty Co.

Class Representative’s Motion To Remand For Insufficient Amount In Controversy Doesn’t Add Up

A Kentucky federal court recently ruled that a class plaintiff may not defeat removal by understating the aggregate amount in controversy alleged in her complaint....more

8/27/2014 - CAFA Class Action Class Representatives Social Security Benefits Social Security Disability

No Revival Of Class Claims For Plaintiff Who Delayed Amending His Complaint In Bad Faith

An Illinois federal district court has ruled that a class plaintiff whose motion for class certification was denied may not avoid that outcome by amending his complaint to introduce a new legal theory and revised class...more

7/30/2014 - Amended Complaints Bad Faith Class Action Class Certification TCPA

Basic Survives, But Defendants Must Have Opportunity To Show Lack Of Price Impact To Rebut “Fraud-On-The-Market” Presumption Of...

Earlier this week the Supreme Court reaffirmed the validity of the “fraud-on-the-market” presumption of reliance that significantly eases the burden on investors in obtaining certification of private securities fraud class...more

6/27/2014 - Basic v Levinson Class Action Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Presumption of Reliance SCOTUS Securities Fraud

Court Refuses to Apply California or Texas Law to Putative Nationwide Class and Denies Renewed Motion for Class Certification

A California federal district court denied a renewed motion for certification of a nationwide class, holding that the application of California negligence and conversion law would violate the due process rights of...more

6/4/2014 - Class Action Class Certification Conversion Due Process Negligence Payday Loans Putative Class Actions Rule 23(b)(3)

Court Strikes Class Action Allegations Citing Individualized Causation Issues

A Pennsylvania federal district court granted defendant CitiMortgage’s motion to strike class allegations under Rule 23(d)(1)(D), because it was clear from the complaint that plaintiffs could not meet the requirements for...more

5/8/2014 - Class Action Class Certification Motion To Strike Rule 23

Knowles Gives Employer Second Chance To Seek And Win Removal

The Ninth Circuit Court of Appeals held that neither a damages waiver nor the passage of more than 30 days after receipt of a complaint prevented an employer’s removal under CAFA. A putative class of California store...more

4/2/2014 - CAFA Class Action Removal Standard Fire Ins. Co. v. Knowles

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