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Searching Content indexed under Class Actions by Carlton Fields ordered by Published Date Descending.
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1
Belch! Ocean Spray Price Premium Damages Model Passes Comcast Scrutiny
The Southern District of California certified a food labeling class against Ocean Spray Cranberries, Inc. based in part upon a price premium damages model developed ...
United States
21 Dec 2018
2
California District Court Denies Motion To Vacate FINRA Arbitration Award
A California district court recently denied a motion to vacate an arbitration award which had denied a plaintiff's claims brought before the Financial Industry Regulatory Authority ("FINRA").
United States
21 Dec 2018
3
Shingled Out: Eleventh Circuit Binds Homeowners To Individual Arbitration Provisions Displayed On Roofing Shingle Packaging
This case involved a twist on the classic "shrinkwrap" agreement. Here, plaintiff homeowners brought a putative class action seeking damages and declaratory relief on behalf of a class of building...
United States
11 Dec 2018
4
Related Decisions: Three Recent Cases Emphasize Breadth Of "Related Wrongful Acts"
Third-party liability policies often include aggregation clauses.
United States
6 Dec 2018
5
Tenth Circuit Strikes Offending Arbitration Provision Clause In Au Pair Agreements
Plaintiffs had entered into various au pair agreements which contained arbitration provisions, which defendants sought to enforce when a class action was filed.
United States
29 Nov 2018
6
Seventh Circuit Joins Five Other Circuits, Holds Availability Of Class Or Collective Arbitration Is A Gateway Issue Of Arbitrability To Be Decided By Courts, Not Arbitrators
A former employee of Waterstone Mortgage Corporation filed a class action against Waterstone in Wisconsin federal court in 2011 alleging wage violations and breach of contract.
United States
22 Nov 2018
7
Third Circuit Ascertainability Requirement Satisfied In FDCPA Class Against Law Firm
Our prior blogs have discussed the Third Circuit's "rigorous" ascertainability requirement for 23(b)(3) classes here and here.
United States
22 Nov 2018
8
Ninth Circuit Recognizes That Class Action Waivers In Arbitration Agreements Are Valid Under Epic Systems
Citing the recent United States Supreme Court decision in Epic Systems Corp. v. Lewis, a panel of the Ninth Circuit Court of Appeals rejected the argument that an arbitration agreement was invalid ...
United States
19 Nov 2018
9
This Week's Florida Appeals: Week Of November 5 - 9, 2018
U.S. Eleventh Circuit Court of Appeals
United States
15 Nov 2018
10
The Bitter And The Sweet
On October 3, the Eleventh Circuit Court of Appeals affirmed the district court's approval of a class settlement, an award of attorney's fees to class counsel, and the provision of an incentive award
United States
14 Nov 2018
11
Don't Count Your Chickens – Or State Citizens For CAFA Exceptions – Before They Hatch
The Ninth Circuit vacated a remand order implicating the local and home-state controversy exceptions to CAFA jurisdiction in a putative class action by former California resident employees of Kentucky Fried Chicken ...
United States
12 Nov 2018
12
No Injury, No Problem?: The First Circuit Weighs In On Certification Where Absent Class Members Lack Harm
In Tyson Foods, the Supreme Court declined to resolve the issue of whether a class may be certified if it contains members who were not injured and have no legal right to damages.
United States
9 Nov 2018
13
Employers And Employees Look Ahead To Potential Impact Of SCOTUS Rulings On Arbitrations vs Class Action Cases
As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California.
United States
8 Nov 2018
14
A Treat for Plaintiffs' Lawyers: Middle District Of Florida Finds Bristol-Myers Squibb Inapplicable To Class Actions
As a result, federal district courts are split over whether Bristol-Myers applies to class actions.
United States
7 Nov 2018
15
Six Degrees Of Separation: Eleventh Circuit Upholds A Broad ‘Related Claims' Provision
"Related Claims" provisions in directors and officers (D&O) and errors and omissions (E&O) policies, while common, can spawn disagreement as to scope and application.
United States
24 Oct 2018
16
Uber Drivers' Class Action Thrown Into Reverse: Ninth Circuit Overturns Class Certification Order And Denial Of Uber's Motion To Compel Arbitration
A putative class action against Uber filed by some of the company's California-based drivers has crashed.
United States
24 Oct 2018
17
Inexperienced Class Counsel Stalls Class Certification While Defendants Attempt To Employ EEOC Conciliation Agreement Against Class
The Northern District of Illinois recently denied a motion for class certification based largely on the inexperience of class counsel ...
United States
18 Oct 2018
18
Court Denies Class Certification Based on Judicial Estoppel
The plaintiff brought a putative class action after allegedly defaulting on charges for medical services.
United States
18 Oct 2018
19
Reservation Canceled! Court Strikes Class Allegations Against American Airlines
The Northern District of Illinois recently granted defendant American Airlines' motion to strike class allegations in a passenger's breach of contract suit brought after American cancelled plaintiff's
United States
16 Oct 2018
20
Tenth Circuit Finds Plaintiffs' Settle And Dismiss Strategy Unappealing
Following Supreme Court precedent, the Tenth Circuit recently held that plaintiffs' settlement and voluntary dismissal of their claims did not transform the court's interlocutory order denying class certification into a final
United States
9 Oct 2018
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