News & Analysis as of

Unfair or Deceptive Trade Practices Class Action FDUTPA

Proskauer Rose LLP

Three Point Shot - March 2025

Proskauer Rose LLP on

Paddle Manufacturer in a Pickle: First Game to Plaintiffs in Consumer Protection Suit over Allegedly Mislabeled Pickleball Paddles - Sport Squad, Inc. (“Sport Squad”), a pickleball paddle manufacturer, has found itself in...more

Kilpatrick

S.D. Fla.: concealment theory warrants class treatment under FDUTPA but not RICO

Kilpatrick on

Takeaway:  Class actions brought under federal RICO present significant risks for defendants.  They present the opportunity for certification of nationwide or multi-state classes under a federal statute, and the remedies...more

Kilpatrick

Eleventh Circuit distills federal preemption, FDUTPA safe harbor, and damages issues in Bombay Sapphire Gin putative class action

Kilpatrick on

Takeaway: Antiquated laws can give rise to creative class actions. In the nineteenth century, the Florida Legislature criminalized the use of a food ingredient ultimately declared safe for consumption by the Food and Drug...more

Carlton Fields

Conflict Within the Southern District of Florida: Should the Primary Jurisdiction Doctrine Be Applied to Stay Class Actions...

Carlton Fields on

Judge Robert Scola refused to apply the primary jurisdiction doctrine to stay a class action based on the alleged misrepresentation of the amount of CBD in products sold by Diamond CBD, diverging from Judge Ursula Ungaro’s...more

Carlton Fields

Two Days in October Result in Two Different Rulings by District Court Judges in the Southern District of Florida Regarding...

Carlton Fields on

Federal district courts in Florida continue to be at odds over whether a class plaintiff who claims to have suffered a past injury based on a defendant’s violation of the Florida Deceptive and Unfair Trade Practices Act...more

Carlton Fields

Real Property & Financial Services Update: Week Ending August 16, 2019

Carlton Fields on

Real Property Update - Construction / Statute of Repose: the installation of an attic ladder is an improvement to real property; thus, the ten-year statute of repose of section 95.11(3)(c) applies - Harrell v. The Ryland...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: July 22 - August 9, 2019

Carlton Fields on

Real Property Update - Quiet Title / Extinguishment: mortgage merged and ceased to be an encumbrance when the mortgage on land and the equity of redemption in the same land become united in the same person - Young Land...more

Rumberger | Kirk

Retailer Liability Under The Florida Unfair And Deceptive Trade Practices Act

Rumberger | Kirk on

Retailer Liability Under the Florida Unfair and Deceptive Trade Practices Act - Florida retailers have long been part of products liability litigation based on their position in the chain of distribution. But retailers now...more

Balch & Bingham LLP

Eleventh Circuit Upholds Florida Unfair & Deceptive Trade Practice Act Class Certification Despite no Reliance by Class Members

Balch & Bingham LLP on

In a case sure to encourage more class action filings under Florida’s Unfair and Deceptive Trade Practice Act, the Eleventh Circuit upheld a Florida District Court’s certification of a class of consumers that purchased or...more

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