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
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
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
“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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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