Jaret Fuente

Jaret Fuente

Carlton Fields Jorden Burt

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Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice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

The Eleventh Circuit Declares That CAFA’s Amount-In-Controversy Requirement Can Be Satisfied In Declaratory Relief Cases

On February 14, 2014, the Eleventh Circuit Court of Appeals held that the Class Action Fairness Act’s (CAFA) $5,000,000 amount-in-controversy requirement can be satisfied where the plaintiff seeks only declaratory relief. S....more

2/19/2014 - Amount in Controversy CAFA Class Action Mass Action Putative Class Actions

Monitor What? Another Medical Monitoring Development In The Spray Polyurethane Foam Insulation Products Liability Litigation

On January 31, 2014, the Middle District of Florida dismissed, without prejudice, a medical monitoring claim in a spray polyurethane foam (SPF) insulation products liability class action. Gibson v. LaPolla Indus., Inc., et...more

2/6/2014 - Class Action Hazardous Substances Medical Monitoring

No Nationwide Standing For Florida-Based Spray Polyurethane Foam Insulation Litigation Class Representative

On December 9, 20103, the Southern District of Florida in Renzi v. Demilec (USA) LLC, et al., No. 9:12-cv-80516-KAM, granted Spray Polyurethane Foam “(SPF”) insulation manufacturer Demilec’s motion for partial summary...more

1/6/2014 - Chemicals Class Action Class Certification Hazardous Substances Standing

Spray Polyurethane Foam Insulation Products Liability Litigation – An Update

Earlier this year, it seemed like Spray Polyurethane Foam Insulation ("SPF") might generate the type of attention that Chinese drywall did. Between April 2012 and May 2013 homeowners in various parts of the country,...more

12/31/2013 - Class Action Multidistrict Litigation Transfer of Venue

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in...more

10/14/2013 - Class Action Class Certification Corporate Counsel Litigation Strategies Outside Counsel

A Double Play For Prescription Drug Manufacturers In The Eleventh Circuit

Consistent with the U.S. Supreme Court’s opinion in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the Eleventh Circuit recently held that generic prescription drug manufacturers cannot be held liable under state-law failure...more

8/30/2013 - Drug Manufacturers Pharmaceutical PLIVA v Mensing Preemption Prescription Drugs SCOTUS

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