Carlton Fields

Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

The Middle District of Florida recently denied a plaintiff’s motion for class certification concerning claims that a collection agency illegally and intentionally sent collection correspondence to mortgagees whose debts already…more
| Bankruptcy, Civil Procedure, Consumer Protection, Finance & Banking, Real Estate - Residential

Court Upholds Attorney-Client Privilege In Reinsurance Dispute, Rejecting Assertion Of The Crime-Fraud Exception And Questions Surrounding The Source Of The Privileged Material

The case involves a dispute over Utica Mutual Insurance Company’s claims for reinsurance proceeds from Munich Re. One of Munich Re’s defenses in the litigation asserts that Utica “strategically orchestrated a settlement…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Science, Computers, & Technology

Health Care Fraud and Abuse in the Middle District of Florida in 2016 - a Year in Review

The United States Attorney’s Office (USAO) for the Middle District of Florida (USAO-MDFL) prosecuted several civil health care fraud matters in 2016 and issued related press releases. A review of the USAO-MDFL’s criminal and…more
| Government Contracting, Health, Science, Computers, & Technology

Third Circuit Affirms Denial of Class Certification Because Expert’s Exclusion of Relevant Data From Analysis of Classwide Antitrust Impact Precluded a Finding of Predominance

The Third Circuit affirmed an order denying class certification because the plaintiffs failed to provide sufficient evidence of classwide antitrust impact, and thus, could not satisfy Rule 23(b)(3)’s predominance requirement…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Consumer Protection

Third Circuit Affirms Rejection Of Class Arbitration Where Employment Agreement Was Silent On Whether Arbitration Could Proceed On A Class Basis

Plaintiffs, former staffing managers of defendants’ international staffing agency, alleged that defendants misclassified them as overtime-exempt employees in violation of the Fair Labor Standards Act. Following earlier rulings…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Noodle This! The Yin and Yang of Two Courts, Two Antitrust Cases, Two Class Certification Motions, Two Daubert Challenges, Two Opposite Results, One Day Apart

Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection

The U.S.-EU Covered Agreement: Different Assessments By Different Audiences

On January 13, 2017, the week before the inauguration of President Trump, the U.S. Department of Treasury and the Office of the U.S. Trade Representative announced that the negotiations between the full text of the agreement…more
| Commercial Law & Contracts, Consumer Protection, Insurance, International Law & Trade

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
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4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States

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