Carlton Fields

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by regulating…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Trump Administration Proposes Insurer-Friendly Rule Modifying Exchanges under the ACA

Less than three weeks after our last article involving healthcare under the Trump Administration, the Centers for Medicare and Medicaid Services Department of Health and Human Services (“HHS”) has released its first proposed…more
| Elections & Politics, Health

Food for Thought: A Review of 2016 Litigation

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others relate…more
| Agriculture, Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

Ninth Circuit Reaffirms Lozano, Holds Typicality Does Not Require Identical Injuries Among Class Members

The Ninth Circuit recently affirmed orders by the District Court for the Northern District of California certifying two national classes in an action under Racketeer Influenced and Corrupt Organizations Act (RICO), the Fair…more
| Business Organizations, Civil Procedure, Finance & Banking

Adequacy is Adequate: DC District Court Certifies Pacer Fee Class

The United States District Court for the District of Columbia certified a class of all individuals and entities who paid fees to obtain court records though the Public Access to Court Electronic Records (PACER) system. The…more
| Civil Procedure, Military Law, Nonprofit Law

Ninth Circuit Affirms California District Court’s Confirmation Of Arbitration Award

In this matter, a California district court confirmed an arbitration award in favor of D.A.R.E. America, and denied a motion to vacate the arbitration award by D.A.R.E. New Jersey, Inc. D.A.R.E. New Jersey, Inc. appealed to the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Franchise Law

Florida Supreme Court Rejects Daubert Statute to the Extent It Is "Procedural"

In a 4-2 decision, the Florida Supreme Court today declined to adopt an amendment to section 90.702 of the Florida Evidence Code to the extent that the amendment is procedural. The applicable amendment adopted the Daubert rule…more
| Civil Procedure

Real Property & Title Insurance Update: Week Ending February 10, 2017

REAL PROPERTY UPDATE - Foreclosure: where foreclosing bank, who purchased debt from original mortgagee, failed to establish standing to enforce lost note “through evidence of a valid assignment, proof of purchase of the…more
| Commercial Law & Contracts, Constitutional Law, Finance & Banking, Insurance, Real Estate - Residential

Sixth Circuit Affirms District Court’s Colorado River Abstention And That State Court Appropriately Determined Arbitration Agreement’s Enforceability

An earlier-filed state court action determined the enforceability of an arbitration agreement, before a federal district court could rule on a motion to compel arbitration. The federal district court thereafter abstained from…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

No Love For Proposed Consumer Class Settlements

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Nothing Crafty About Michaels’ Disclosure Under Spokeo

A New Jersey District Court followed Spokeo’s Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores. Plaintiffs claimed that Michaels’ online employment application…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Consumer Protection

Are Class Action Waivers Enforceable?

The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

The Key to Jury Instruction Preservation: Objecting with Precision and Completeness

In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as opposed…more
| Civil Procedure

First Circuit Affirms District Court’s Confirmation Of Arbitration Award Under The “Look-Through” Test

The background of this matter could be found here. In sum, Plaintiffs Dr. Luis Ortiz-Espinosa and his wife Maritza Soto-Garcia, the conjugal partnership they formed, Espinosa-Soto, and Luis Ortiz-Espinosa, as trustee of Centro…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Petition To Vacate Arbitration Award Served By Email Did Not Constitute Service Under FED. R. CIV. P. 5

The Second Circuit has affirmed a decision finding email insufficient for service, absent consent to such method. In the underlying district court, the Petitioner emailed a copy of his petition to one of Respondent, Deutsche…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Finance & Banking
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4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States

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Areas of Practice
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