Latest Publications

Share:

[Webinar] 2024 Class Action Survey Results - May 2nd, 1:00 pm - 2:00 pm ET

Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house...more

For Now, Generative AI Is Risky For Class Action Counsel

Our firm recently conducted a survey that reveals conflicting views by companies regarding whether their outside counsel should use generative artificial intelligence. Originally published in Law360....more

The Ten Commandments of Writing an Effective Appellate Brief

It is basic, but critical, to persuade the court that the result you seek is the right result. The court has to feel good about ruling in favor of your client. As Judge Gurfein of the Second Circuit aptly stated, “It is still...more

[Webinar] 2023 Class Action Survey Results - April 11th, 12:00 pm - 1:00 pm ET

The 2023 Carlton Fields Class Action Survey provides an overview of important issues and practices related to class action matters and management. The annual publication reports on historical trends captured since the...more

PAGA Claims Sent Down the River: Supreme Court Gives California Employers Major Victory in Viking Cruises Arbitration Case

Representative actions brought under California’s Private Attorneys General Act (PAGA) have been the bane of that state’s labor lawyers’ existence since PAGA’s enactment in 2004. Thanks to this week’s Supreme Court decision...more

$91M in AAA Filing Fees? Another Lesson in Being Intentional in Drafting Class Action Waivers in Arbitration Agreements

We have blogged in the past about the importance of companies being intentional in drafting their arbitration agreements. It is important to think through such issues as: Should we include a class action waiver? Should we...more

Record Class Action Caseloads, Impacts of COVID-19 Among Findings in 2022 Class Action Survey

Carlton Fields is pleased to share its 11th annual Class Action Survey, which provides an overview of important issues and practices related to class action matters and management. This annual publication reports on...more

[Webinar] 2022 Class Action Survey Results - March 15th, 12:00 pm - 1:00 pm ET

The 2022 Carlton Fields Class Action Survey reveals that companies with class actions are seeing increases in the number of class actions they face at a given time. The current portfolio reveals the highest number of both...more

A Year in Review: Top 10 Class Action Cases of 2021

This year has been an important one for class action law. Here are 10 of the most important class action cases of 2021 and their impact on class action litigation....more

Eleventh Circuit Judge Suggests Substantive Canon of Interpretation Favoring Arbitration Conflicts With Textualism

This blog has occasionally advised corporate counsel to review their company’s arbitration agreements for scope and clarity. This is another such warning. Simply put, buttoned-up contracts containing arbitration provisions...more

What’s Good for Trial Is Good for Class Certification: Fifth Circuit Rules That Daubert Applies at Class Certification Stage

Class discovery is inherently more limited than normal fact discovery for trial, and litigators understandably approach it in a more narrow fashion than they would trial discovery. The Fifth Circuit recently reminded class...more

One Game, One Stadium: Eleventh Circuit Spikes Collateral Challenge to Tampa Bay Buccaneers Proposed Class Action Settlement

The Eleventh Circuit recently imparted an important message to the class action bar, and in particular to attorneys representing different named plaintiffs in competing class actions: there is “only one gatekeeper under Rule...more

An Unauthorized Bounty: Eleventh Circuit Strikes Named Plaintiff Incentive Payment

This week, an Eleventh Circuit panel, in a 2-1 decision, reversed the approval of an incentive payment to the named plaintiff, calling the payment an unauthorized bounty. The case involved a Telephone Consumer Protection Act...more

Authority Over Efficiency: District Court Lacks Authority To Rule On Arbitration Preemption Question In Remanded PAGA Action,...

As a recent Ninth Circuit decision demonstrates, although substantial time, effort, and briefing may be spent litigating issues in a removed federal putative class action, parties should be prepared for a round two of their...more

Whither Objector Blackmail

The Seventh Circuit confronts “objector blackmail” and limits the extraction of “rents from the litigation process simply by showing up and objecting to consummation of the settlement.”...more

Considerable Deference With a Caveat: Third Circuit Addresses Fee Awards

The Third Circuit Court of Appeals recently issued a decision regarding the fee award in the National Football League concussion injury litigation. The decision is non-precedential but still instructive. ...more

CAFA: Ninth Circuit Affirms District Court’s Sua Sponte Invocation and Application of Discretionary Home State Exception

On May 13, 2020, the Ninth Circuit Court of Appeals affirmed the remand of a wage and hour class action lawsuit filed in California state court based on the home state exception to the Class Action Fairness Act (CAFA). In its...more

WEBINAR: COVID-19 Insurance Coverage Class Actions [Video]

Over the last month, there have been numerous lawsuits across the country by policyholders seeking insurance coverage for losses they claim are resulting from the COVID-19 pandemic. In the last two weeks, the new trend has...more

Forewarned Is Forearmed: Why Companies Need to Review Their COBRA Notices to Avoid Growing Class Action Trend

Even before the current pandemic crisis, we have noticed a growing trend in the filing of class action lawsuits challenging, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), notices required to be issued by...more

Another Premature Motion to Strike Class Allegations Bites the Dust

Courts have been and likely always will be reluctant to strike class allegations or deny class certification before class discovery. Indeed, over-aggressive attempts to strike class allegations can often do more harm than...more

The Conservative Case for Class Actions: A Provocative Proposal

Vanderbilt University law professor Brian Fitzpatrick has written a new book titled The Conservative Case for Class Actions (University of Chicago Press, 2019). An excerpt was published in the winter 2020 issue of Vanderbilt...more

3/23/2020  /  Books , Class Action

Take Notice: FTC Reports on Claims Rates and Settlement Notices

In September 2019, the Federal Trade Commission issued a staff report titled “Consumers and Class Actions: A Retrospective and Analysis of Settlement Campaigns.” The FTC staff studied 149 consumer class action settlements and...more

Eleventh Circuit Takes Life Insurance Reinstatement Claims at Face Value for CAFA Amount-In-Controversy Purposes

The Eleventh Circuit recently examined the application of the $5 million amount-in-controversy requirement under the Class Action Fairness Act (CAFA) to disputes over life insurance premiums and policies. It concluded that...more

Not So Fast! A Class Action Is Not an Appropriate Vehicle to Avoid Your Speeding Ticket

A federal court in Massachusetts recently denied class status for a group of individuals caught driving in the fast lane. Finding that the named plaintiff failed to demonstrate typicality and predominance, the District of...more

Should I Stay or Should I Go? Bankruptcy Preemption May Bar FDCPA and FCCPA Claims Either Way

After receiving a bankruptcy discharge, a borrower whose home is pending foreclosure has two options: stay in the home and, perhaps, make voluntary payments on the mortgage, or leave the home and start fresh. When a debt...more

110 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide