Joshua E. Roberts

Joshua E. Roberts

Carlton Fields Jorden Burt

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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

Posner, Seventh Circuit Narrow Supreme Court’s Holding In Comcast – Certify Butler v. Sears, Roebuck And Co. Class (Again)

Background: Butler v. Sears, Roebuck and Co. is two class action lawsuits rolled into one. The classes have different members and different claims arising from alleged defects in Kenmore-brand Sears washing machines. One...more

8/27/2013 - Class Action Class Certification Comcast Comcast v. Behrend Mold Litigation SCOTUS

Personal Injury: Defendants May Conduct Multiple Independent Medical Examinations With Good Cause

Gomez v. Rendon, No. 3D12-1105, 2013 WL 1316439 (Fla. 3d DCA April 3, 2013) - When a personal injury plaintiff’s physical condition is in controversy, and it changes substantially after the defendant conducts an...more

6/18/2013 - Medical Examinations Medical Records Notice for Independent Medical Exam

In re: HP Inkjet Printer Litigation: Ninth Circuit Reverses And Remands Hewlett-Packard Coupon Settlement

In In re: HP Inkjet Printer Litigation, Case No. C05-3580-JF, 2013 WL 1986396 (9th Cir. May 15, 2013), the Ninth Circuit recently held that attorney fee awards in class settlements involving coupons must be “attributable to”...more

6/3/2013 - Attorney's Fees CAFA Class Action Coupons Hewlett-Packard Settlement

Genesis Healthcare Corp. v. Symczyk - Class Actions Are Fundamentally Different From Collective Actions

The FLSA establishes federal minimum-wage, maximum hour, and overtime guarantees that cannot be modified by contract. Section 16(b) of the FLSA gives employees the right to bring a private cause of action on their own behalf...more

4/17/2013 - Class Action Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness

Comcast v. Behrend: Supreme Court Cuts Power To Cable-Television Customers' Class Action

After months of anticipation, the Supreme Court finally released its decision in Comcast Corp. v. Behrend, No. 11–864. In a 5-4 decision authored by Justice Scalia, the Court reversed the certification of a 23(b)(3) class of...more

3/28/2013 - Class Action Class Certification Comcast Competition Damages SCOTUS

Amgen Inc. v. Connecticut Retirement Plans And Trust Funds: Does Supreme Court Put “Cart Before The Horse” To Satisfy Predominance...

To best understand this decision, we need to look at the rules concerning both class actions and securities: - According to Rule 23(b)(3), a class action may be maintained if the court finds that questions of law or...more

2/28/2013 - Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Fraud Material Misstatements Predominance Requirement Rule 10b-5 Rule 23 SCOTUS SEC Securities Fraud

Personal Injury—Defendant Entitled To Discovery Regarding Extent Of Relationship Between Plaintiff’s Lawyer And Plaintiff’s Doctor

In a personal injury case “where there is a preliminary showing that the plaintiff was referred to a doctor by [his or her lawyer] (whether directly or through a third party) or vice versa,” Florida’s Fourth District Court of...more

12/19/2012 - Bias Credibility Discovery Impeachment Preliminary Showing

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