Jaret Fuente

Carlton Fields

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Latest Posts › Unfair or Deceptive Trade Practices

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Eleventh Circuit Denies Petition For Rehearing In Lisk v. Lumber One

The Eleventh Circuit Court of Appeals denied a petition for rehearing en banc in the Lisk v. Lumber One Wood Preserving, LLC matter, where last month it held that the Alabama Deceptive Trade Practices Act’s restriction on...more

9/22/2015 / Appeals , Class Action , En Banc Review , FRCP 23 , Unfair or Deceptive Trade Practices

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

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

7/29/2015 / Allstate , CAFA , Class Action , FRCP 23 , Private Right of Action , Shady Grove , Unfair or Deceptive Trade Practices

District of Colorado Declines To Certify Deceptive Practices Class

The District of Colorado declined to certify a class in a case against Dollar Rent A Car where the Plaintiff alleged Dollar tricked renters into buying Loss Damage Waiver (“LDW”), supplemental liability insurance (“SLI”), and...more

2/18/2015 / Class Action , Class Certification , Material Disclosures , Unfair or Deceptive Trade Practices

Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice

Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period. The plaintiffs alleged that the...more

6/18/2014 / Automotive Industry , Class Action , Class Certification , Unfair or Deceptive Trade Practices

Hershey Wins Pre-Certification Summary Judgment In California Labeling Class Action

The Northern District of California granted partial summary judgment in favor of The Hershey Company in a putative class action where the plaintiff alleged Hershey’s representations about certain of its products were unlawful...more

5/27/2014 / False Advertising , Food Labeling , Hersheys , Putative Class Actions , Summary Judgment , Unfair Competition , Unfair or Deceptive Trade Practices

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