Kristin Ann Shepard

Kristin Ann Shepard

Carlton Fields Jorden Burt

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Second Circuit Doubles Down on Rule Preventing Non-Settling Parties from Objecting to Class Settlement

The robustness of the rule preventing non-settling defendants from objecting to a class settlement has received a boost from the Second Circuit. The class settlement at issue involved the claims of investors against a hedge...more

7/10/2014 - Bernie Madoff Class Action Enforcement Enforcement Actions Ponzi Scheme Settlement

DC Circuit Holds Named Plaintiff Who Settles Individual Claims Retains Standing To Appeal Denial Of Class Certification

In Stephens, two former pilots brought a putative class action lawsuit against their employer airline and their retirement plan, alleging that a delay in paying retirement benefits and failure to pay interest during the delay...more

7/10/2014 - ERISA Putative Class Actions Retirement Plan Settlement

Federal Court Addresses American Pipe Tolling, Finding Statute of Limitations on Class Claims Accrued Upon Forum Non Conveniens...

A Delaware federal district court granted defendants’ motion to dismiss plaintiffs’ claims on statute of limitations grounds, rejecting plaintiffs’ argument that the claims had been tolled under the principles of...more

6/17/2014 - Forum Non Conveniens FSIA Jurisdiction Putative Class Actions Tolling

District Court Rejects Nationwide Class, But Certifies California-Only Consumer Class After Conducting Rigorous Analysis of...

In Werdebaugh v. Blue Diamond Growers, the plaintiff brought suit in the United States District Court for the Northern District of California to certify a nationwide class of consumers who purchased Blue Diamond almond milk...more

6/13/2014 - Blue Diamond Growers Class Action Class Certification Comcast Comcast v. Behrend False Advertising Food Labeling Rule 23(b)(3)

Courts Reject Attempts to Pick Off Named Plaintiffs Via Offers Of Judgment

Following the Supreme Court’s 2012 recognition of concurrent federal and state jurisdiction over Telephone Consumer Protection Act (“TCPA”) class actions in Mims v. Arrow Financial Services, federal courts have issued...more

6/12/2014 - Class Action Class Certification Litigation Strategies Offer of Judgment TCPA

Court Strikes Class Allegations Against Lender And Foreclosure Service Providers For Failure To Satisfy Rule 23(a)(2)’S...

The Northern District of Illinois recently granted a motion to strike class allegations prior to class discovery. Plaintiff mortgagor alleged, inter alia, that in foreclosure proceedings, defendants engaged in unfair and...more

5/16/2014 - Class Action Commonality Debt Collection FDCPA Foreclosure Lenders Mortgages

District Court Applies Gulf Oil To Restrict Issuance Of Arbitration Agreements To Prospective Class Members

Drivers brought a putative class action suit against Uber Technologies (“Uber”), the licensor of a software application used to connect drivers for hire with passengers, alleging that Uber failed to remit to drivers the full...more

5/14/2014 - Arbitration Arbitration Agreements Class Action Putative Class Actions Tips Uber Wages

Securities Class Actions Receive Increased Scrutiny: District Court Applies “Stringent Standards” Of Dukes And Comcast To Deny...

The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and...more

4/9/2014 - Class Action Comcast v. Behrend Dukes v Wal-Mart Evidence Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Securities Litigation

Must Claims Severed From A CAFA Class Action Be Remanded To State Court? The Fifth Circuit Says No.

Following Hurricane Katrina, the State of Louisiana filed a class action to recover under homeowners’ insurance policies that the state had received by assignment through a disaster relief program. The insurers successfully...more

4/9/2014 - Assignments CAFA Class Action Homeowner's Insurance Jurisdiction Qualified Disaster Relief Payments

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market...more

3/31/2014

Spring Sprouts A Renewed Review By The NAIC

During and after the 2013 NAIC Fall National Meeting, various NAIC groups renewed their review of the regulatory framework for annuities. This review stems from the growing importance of annuities to address longevity risk....more

3/31/2014

11 Results
|
View per page
Page: of 1