Jaret Fuente

Jaret Fuente

Carlton Fields Jorden Burt

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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 Dollar Rent A Car 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

Third Circuit Denies Employees’ Petition For Rehearing In Class Arbitration Case

The Third Circuit Court of Appeals this week denied a petition for rehearing by the panel and the Court en banc in the Opalinski v Robert Half International, Inc. matter, where last month it held that the availability of...more

8/29/2014 - Arbitration Class Action Class Action Arbitration Waivers

The Third Circuit Joins The Sixth And Holds That The Availability Of Class Arbitration Is A Substantive Question Of Arbitrability...

“Because of the fundamental differences between classwide and individual arbitration, and the consequences of proceeding with one rather than the other, … the availability of classwide arbitration is a substantive ‘question...more

8/14/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers

Sixth Circuit Affirms Class Certification in TCPA Case

The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products...more

7/25/2014 - Class Action Class Certification Spam TCPA Unsolicited Faxes

7th Circuit Vacates Decision Declining To Certify Consumer Class Against Roofing Shingle Manufacturer Based On Incorrect Reading...

The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the...more

7/16/2014 - Class Action Class Certification Comcast Comcast v. Behrend Dukes v Wal-Mart SCOTUS Wal-Mart

Amended Class Definition That Excludes Putative Class Member Does Not Preclude American Pipe Tolling

The Eastern District of Michigan recently held that certain claims of a putative class member were tolled under American Pipe & Constr. Co. v. Utah., 414 U.S. 538 (1974), even though the named plaintiff had unsuccessfully...more

6/25/2014 - American Pipe & Construction Co. v. Utah Class Action Putative Class Actions TCPA Tolling

Standing Committee Approves Proposed Revised Rule 37(e)

The Committee on Rules of Practice and Procedure (Standing Committee) recently approved a revised Rule 37(e), which is intended to establish greater uniformity in the ways federal courts respond to the loss of electronically...more

6/20/2014 - Discovery Electronically Stored Information Federal Rules of Civil Procedure Proposed Amendments Rule 37

Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice

Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period. The plaintiffs alleged that the...more

6/18/2014 - Automotive Industry Class Action Class Certification Unfair or Deceptive Trade Practices

Eighth Circuit Affirms Pre-Certification, Pre-Merits Discovery Summary Judgment

The Eighth Circuit affirmed a pre-certification summary judgment in favor of Bridgestone Retail Operations in a putative class action where the Plaintiff alleged that in connection with vehicle repairs Bridgestone had...more

5/28/2014 - Automotive Industry Class Certification Putative Class Actions Repairs Summary Judgment Trucking Industry

Hershey Wins Pre-Certification Summary Judgment In California Labeling Class Action

The Northern District of California granted partial summary judgment in favor of The Hershey Company in a putative class action where the plaintiff alleged Hershey’s representations about certain of its products were unlawful...more

5/27/2014 - False Advertising Food Labeling Putative Class Actions Summary Judgment The Hershey Company Unfair Competition Unfair or Deceptive Trade Practices

California District Court Invalidates Opt-Outs And Orders Employer To Issue A Curative Notice To Employees Regarding A Putative...

The U.S. District Court for the Northern District of California, in a wage and hour class action, found that the employer’s written communication to putative class member employees about the action, which included an opt-out...more

5/2/2014 - Class Action Employer Liability Issues Opt-Outs Putative Class Actions Wage and Hour

California District Court Finds Commonality Lacking Under Dukes Analysis; Denies Certification

The U.S. District Court for the Northern District of California denied certification in a false advertising case brought under California’s False Advertising Law (FAL), Consumers Legal Remedies Act (CLRA) and the Unfair...more

4/29/2014 - Advertising Class Action Class Certification CLRA Commonality Dukes v Wal-Mart False Advertising Unfair Competition

A Class Action By Any Other Name Is Still A Class Action And Subject To CAFA

The U.S. District Court for the Eastern District of Missouri denied a plaintiff’s motion to remand a collection against insurers brought on behalf of a certified class that had obtained a judgment in a separate action against...more

4/24/2014 - CAFA Class Action Jurisdiction Mobile Homes Removal

Supreme Court Accepts Certiorari In CAFA Removal Case

On April 7, 2014, the Supreme Court accepted certiorari review in Dart Cherokee Basin Operating Company LLC v. Owens, No. 13-719, to resolve a circuit split regarding whether the Class Action Fairness Act requires a removing...more

4/23/2014 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Removal SCOTUS

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