Jaret Fuente

Jaret Fuente

Carlton Fields

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Illinois District Court Holds CAFA and Diversity Both Provide Federal Jurisdiction Over Class Actions

The Southern District of Illinois recently confirmed that traditional diversity jurisdiction and jurisdiction under the Class Act Fairness Act (CAFA) provide two separate means of obtaining federal jurisdiction over class...more

6/1/2016 - CAFA Class Action Diversity Jurisdiction Federal Jurisdiction Jurisdiction Putative Class Actions

…And We’re Back! Still No Resurgence of “Picking Off” After Campbell-Ewald

Following an interlocutory appeal, in which the First Circuit ruled that a Rule 68 offer made prior to class certification did not moot the plaintiff’s claim, defendant returned to the Massachusetts district court seeking...more

5/20/2016 - Campbell Ewald v Gomez Class Action Class Representatives Interlocutory Appeals Mootness Rule 68 TCPA

Southern District of California Rejects Coupon Class Settlement

The Southern District of California rejected a pre-certification class settlement because it provided for an inadequate coupon payment and a tenuous cy pres award, and included a clear sailing attorney fee provision....more

5/19/2016 - Attorney's Fees Class Action Cy Pres Funds Rule 23 Settlement

Supreme Court Steers Clear of Consumer Standing Issue in Spokeo

The Supreme Court has issued its long-awaited decision in Spokeo v. Robins. By a 6-2 vote, the Court reversed the Ninth Circuit decision that a class plaintiff who suffered no actual damages had standing to sue. But it did...more

5/17/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

Southern District of California Diffuses Hairdryer Class

The Southern District of California decertified a nationwide consumer product class due to material differences between the state laws applicable to the claims. The plaintiff in Czuchaj v. Conair Corp. alleged a defect in...more

4/14/2016 - Class Action Class Certification Consumers Legal Remedies Act Implied Warranties Magnuson-Moss Act Product Defects Rule 23(b)(2) Rule 23(b)(3)

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

Supreme Court Rules Unaccepted Rule 68 Offer of Judgment Cannot Moot Class Action

A divided Supreme Court ruled today in Campbell-Ewald Co. v. Gomez, No. 14-857, that an unaccepted Rule 68 offer of judgment by a defendant cannot moot a putative class action. The decision settles a reserved question from...more

1/21/2016 - Campbell Ewald v Gomez Mootness Putative Class Actions Rule 68 SCOTUS Settlement Offer Subject Matter Jurisdiction TCPA

Eleventh Circuit Denies Petition For Rehearing In Lisk v. Lumber One

The Eleventh Circuit Court of Appeals denied a petition for rehearing en banc in the Lisk v. Lumber One Wood Preserving, LLC matter, where last month it held that the Alabama Deceptive Trade Practices Act’s restriction on...more

9/22/2015 - Appeals Class Action En Banc Review Rule 23 Unfair or Deceptive Trade Practices

Fifth Circuit Holds Unaccepted Rule 68 Offer of Judgment Cannot Moot a Named Plaintiff’s Claim in a Putative Class Action

The defendant in a putative class action brought pursuant to the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., tendered a Rule 68 offer of judgment to the named plaintiff before class certification briefing...more

8/31/2015 - Attorney's Fees Campbell Ewald v Gomez Class Action Class Certification EFTA Electronic Fund Transfer Act FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Motion to Dismiss Putative Class Actions Rule 68 SCOTUS Statutory Damages Subject Matter Jurisdiction

Seventh Circuit Cleans Up the Law; Holds Rule 68 Offer of Complete Relief Does Not Render Litigation Moot

In a case that began as a putative class action, the Seventh Circuit held that a Rule 68 offer of complete relief does not render litigation moot. Plaintiff in Chapman v. First Index filed a “junk-fax” suit pursuant to the...more

8/18/2015 - Campbell Ewald v Gomez Class Action Class Certification FCC Genesis Healthcare Corp. v. Symczyk Putative Class Actions Rule 68 TCPA Unsolicited Faxes

Eleventh Circuit Holds Rule 23 Trumps State Law Precluding Private Class Actions

The Alabama Deceptive Trade Practices Act’s (ADTPA) restriction on private class actions does not apply in federal court. Federal Rule 23 controls. That’s what the Eleventh Circuit recently held, relying on Shady Grove...more

7/29/2015 - Allstate CAFA Class Action Private Right of Action Rule 23 Shady Grove Unfair or Deceptive Trade Practices

Ninth Circuit Finds Local Controversy Exception to CAFA

The Ninth Circuit reversed the dismissal of a class action and instructed the district court to remand the case to state court, based on the local controversy exception to the Class Action Fairness Act (CAFA). In doing so, it...more

7/10/2015 - CAFA Class Action Debt Collection Jurisdiction Local Controversy Exception

A Message From the Eighth Circuit Regarding the TCPA

The purpose of a telephone solicitation, rather than its content, determines whether it is prohibited telemarketing under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. That is what the Eighth Circuit...more

6/25/2015 - Class Action Class Certification Do Not Call List Privacy Laws TCPA Telemarketing Unsolicited Phone Calls

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

Middle District of Florida Remands Insurance Coverage Class Action, Reasoning Amount In Controversy Is Determined From Value Of...

The value of the claim at issue, not the value of the policy limit, is considered for purposes of determining the amount in controversy in an insurance coverage class action. That, the Middle District of Florida found, is the...more

4/30/2015 - Amount in Controversy CAFA Class Action Insurance Litigation Reimbursements Subject Matter Jurisdiction

Fifth Circuit Affirms Certification of Electronic Funds Transfer Act Class

In a case similar to its late-2014 decision in Mabary v. Home Town Bank, N.A., 771 F.3d 820 (5th Cir. 2014), the Fifth Circuit recently affirmed certification of a class of consumers who were charged a fee for using an...more

3/16/2015 - ATMs Banks Class Action Class Certification EFTA Electronic Fund Transfer Act First National

District Court for the District of Columbia Finds CAFA Jurisdiction Exists; Denies Remand For Lack of Local Controversy

The U.S. District Court for the District of Columbia denied a motion to remand an action removed pursuant to the Class Action Fairness Act (“CAFA”), where the plaintiff failed to show CAFA’s local controversy exception...more

3/5/2015 - CAFA Class Action Local Controversy Exception Remand

District of Colorado Declines To Certify Deceptive Practices Class

The District of Colorado declined to certify a class in a case against Dollar Rent A Car where the Plaintiff alleged Dollar tricked renters into buying Loss Damage Waiver (“LDW”), supplemental liability insurance (“SLI”), and...more

2/18/2015 - Class Action Class Certification Material Disclosures Unfair or Deceptive Trade Practices

Dismissal With Prejudice Of Single Action In MDL Is Immediately Appealable, SCOTUS Holds

When a putative class action is transferred and consolidated with others for coordinated pretrial proceedings in multidistrict litigation (“MDL”) under 28 U.S.C. § 1407, it ordinarily remains an independent action for...more

2/12/2015 - Appeals Dismissal With Prejudice Gelboim v Bank of America Multidistrict Litigation Putative Class Actions SCOTUS

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

Eleventh Circuit Holds Unaccepted Rule 68 Offer To Named Plaintiffs Does Not Moot A Class Action

The Eleventh Circuit recently held that a defendant may not moot a class action through an unaccepted Federal Rule of Civil Procedure 68 offer of complete relief to the named plaintiffs—but not to class members—before the...more

12/18/2014 - Class Action Class Certification Federal Rules of Civil Procedure Mootness Rule 68

First Circuit Adopts Bright-Line Rule On CAFA Removal Trigger And Broadly Defines Other Paper

The First Circuit Court of Appeals recently held that the thirty-day time period for removal under CAFA is triggered when the plaintiffs’ complaint or plaintiffs’ subsequent other papers provide defendants with sufficient...more

11/17/2014 - Appeals CAFA Class Action CVS Employer Liability Issues Removal Wage and Hour

Northern District of Illinois Declines To Restrict Defense Counsel’s Communications With Putative Class Members

The Northern District of Illinois refused to restrict a defense counsel’s communications with putative class members, reasoning that the communications were not misleading or coercive. The case arose when a “romantic...more

11/5/2014 - Class Action Putative Class Actions

American Pipe Tolling Inapplicable In Texas Negligent Misstatement Case

The Southern District of Texas found that negligent misstatement claims filed more than two years after the last alleged misstatement were time-barred and that the applicable statute of limitations was not tolled under...more

10/17/2014 - American Pipe & Construction Co. v. Utah BP Deepwater Horizon Gulf Oil Spill Negligent Misrepresentation Tolling

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

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