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Unfair or Deceptive Trade Practices › Shady Grove

Alston & Bird

Eleventh Circuit Refuse En Banc Rehearing Of Its Decision Applying Shady Grove

Alston & Bird on

This week, the Eleventh Circuit denied a motion for an en banc rehearing of its July decision to reverse the dismissal of a class action brought in the Northern District of Alabama. The decision in July was premised on the...more

Burr & Forman

State Bans on Consumer Class Actions in Jeopardy

Burr & Forman on

Numerous states have adopted statutory bans on “unfair” or “deceptive” trade practices. When state legislature enacted those statutes, most of them decided to let consumers sue directly for damages. However, many state...more

Carlton Fields

Eleventh Circuit Holds Rule 23 Trumps State Law Precluding Private Class Actions

Carlton Fields on

The Alabama Deceptive Trade Practices Act’s (ADTPA) restriction on private class actions does not apply in federal court. Federal Rule 23 controls. That’s what the Eleventh Circuit recently held, relying on Shady Grove...more

Ballard Spahr LLP

11th Circuit: Rule 23 Trumps State Law Limitation on Class Actions

Ballard Spahr LLP on

Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the...more

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