Kristin Ann Shepard

Kristin Ann Shepard

Carlton Fields Jorden Burt

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Magistrate Permits Defendants to Depose 196 Absent Class Members

In a class action involving claims of uncompensated, pre-shift off-the-clock work, a California federal magistrate denied plaintiffs’ motion for a protective order to prevent defendants from taking 196 depositions of absent...more

10/31/2014 - Class Action Discovery Employer Liability Issues Unpaid Overtime Wage and Hour

Court Grants Motion to Strike Class Allegations

In granting a recent motion to strike class allegations, the Northern District of Illinois made two notable observations about such motions: first, they are not disfavored, but rather an appropriate device for determining...more

10/29/2014 - Class Action Employer Liability Issues FLSA Motion To Strike Putative Class Actions Wage and Hour

Northern District of California Grants Certification of Antitrust Class in 15 of 16 Jurisdictions Pursuant to Dukes and Comcast;...

In a recent case in the United States District Court for the Northern District of California, plaintiffs brought a putative class action against various defendants involved in milk production, alleging they violated the...more

10/6/2014

District Court Certifies TCPA Class Over Objections to Adequacy of Named Plaintiff and Individualized Issues of Consent

A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleged that the defendant, a collection agency,...more

10/3/2014 - Cell Phones Class Action Consent Do Not Call List Spam TCPA Telemarketing

District Court Certifies Class Challenging ERISA Plan Amendment

The Eastern District of Michigan has certified a class of ERISA plan participants challenging an amendment which, in attempt to address the plan’s underfunded status, reduced their monthly disability payments. The Court...more

10/2/2014 - Class Action Class Certification Disability Disability Benefits ERISA Retirement

Seventh Circuit Addresses Burden of Proof Under CAFA’s Home State Exception, Affirms Denial of Remand and Award of Costs to...

The Seventh Circuit recently addressed the applicability of the home state exception under the Class Action Fairness Act (“CAFA”). The case arose from health insurer Right Choice Insurance Company’s withdrawal from the...more

9/10/2014 - CAFA Class Action Home State Exception Remand

California District Court Denies Motion to Strike Rule 68 Offer of Judgment to Putative Class Representative, But Grants Motions...

In a recent case in the United States District Court for the Northern District of California, a plaintiff brought a putative class action alleging that defendants, a creditor and a debt collection firm, sent debt collection...more

9/8/2014 - Creditors Debt Collectors FDCPA Late Notices Putative Class Actions Rule 68

Fourth Circuit Vacates Certification of Five Classes as "Manifestly Improper"

Plaintiffs, alleged owners of an interest in coalbed methane gas (“CBM”), brought five related putative class actions against defendants, CBM producers, for alleged failure to pay royalties and for a declaration that owners...more

9/5/2014 - Class Certification Coal Methane Oil & Gas Putative Class Actions Royalties

Ninth Circuit Finds Self-Identification By Class Members Does Not Satisfy Ascertainability Under Rule 23

The Ninth Circuit Court of Appeals recently affirmed a district court’s denial of class certification where a plaintiff failed to propose a plan to ascertain class members and therefore did not satisfy the manageability...more

8/8/2014 - Ascertainable Class Class Action Class Certification FACTA Federal Rules of Civil Procedure Rule 23

14 Days Or Bust: Fourth Circuit Bolsters “Rigid And Inflexible Rule” For Appealing Certification Orders

Artful attempts to appeal a class certification order beyond fourteen days will not impress the Fourth Circuit. In Nucor, the district court certified two classes relating to substantive allegations of racial discrimination....more

8/7/2014 - Class Action Class Certification Discrimination Interlocutory Appeals Racial Discrimination

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

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