June 30, 2008 11:06 AM | Posted by Kenya Reddy | News | Link
Collector files class action lawsuit against Louis Vuitton for failure to provide sufficient documentation for limited edition handbags. On same day that Tyson Foods Inc. settles false advertising lawsuit brought by competitor, lawyers file class action in same court on behalf of customers across the country accusing Tyson of consumer fraud, breach of express warranty and unjust enrichment. Seven workers file class action lawsuit against several Verizon Communications contractors and subcontractors, alleging they were not paid minimum wage and overtime wages. Supreme Court’s ruling cutting punitive damages awarded to Alaskans harmed by Exxon Valdez spill may have far-reaching implications for all class actions involving significant damages. New Jersey town files class action lawsuit suing travel websites accused of shortchanging towns out of hotel occupancy taxes.
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June 26, 2008 11:49 AM | Posted by Dean Morande | Southern District of Florida
The Southern District of Florida determined in Jones v. Jeld-Wen, Inc., No. 07-22328, 2008 WL 2433213 (S.D. Fla. June 13, 2008), that individualized causation issues precluded certification of a class seeking damages for allegedly defective windows.
The plaintiffs in this action were homeowners seeking certification based on claims that the impact resistant glass installed in their homes was defective. The defendants (or more accurately the third-party defendants who actually manufactured the products) successfully argued that individualized issues predominate because the jury must determine, on a house by house basis, whether the defective resin in the windows was the legal cause of the damages for each pane of glass.
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June 26, 2008 11:43 AM | Posted by Dean Morande | Southern District of Florida
Variations in contract law across the nation, along with factual issues over whether unpaid work was actually performed, led to a finding that individualized issues of both law and fact predominated over issues common to the proposed class.
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June 26, 2008 11:41 AM | Posted by Dean Morande | Southern District of Florida
In In re Managed Care Litigation, No. 00-1334-MD, 2008 WL 2329448 (S.D. Fla. June 4, 2008), the court decided that an opt-out notice containing (1) the name of the person signing the notice, (2) the name of the entity at issue, (3) the address of the entity, (4) a telephone number, (5) and the Federal Tax ID Number of the entity, was sufficient to establish that the entity at issue opted out of the prior class action and was not precluded from going forward with a separate action.
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June 25, 2008 12:04 PM | Posted by D. Matthew Allen | Analysis
According to the May 2008 ABA Journal, the Federal Judicial Center has released findings on which circuits experienced significant increases in the filing of class actions after the enactment of the Class Action Fairness Act. The bottom line is that more conservative circuits had fewer increases in filings and more liberal circuits had greater increases in filings. Do you want to know where the Eleventh Circuit fell?
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June 23, 2008 7:59 AM | Posted by Kathryn Christian | Alabama district courts
In Eufaula Drugs, Inc. v. TDI Managed Care Services, Inc., No. 2:05-CV-293-MEF, 2008 WL 2428214 (M.D. Ala. June 17, 2008), the Middle District of Alabama granted a motion for class certification filed by pharmacies claiming that they were entitled to be reimbursed at a higher rate pursuant to their contracts with a pharmacy benefits manager.
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June 23, 2008 6:43 AM | Posted by Kathryn Christian | Alabama district courts
In Grimes v. Rave Motion Pictures Birmingham, L.L.C., No. 07-AR-1397-S, 2008 WL 2338131 (N.D. Ala. May 28, 2008), the Northern District of Alabama declared that the damages provisions of the Fair and Accurate Credit Transactions Act ("FACTA") violate the due process clause of the United States Constitution.
FACTA prohibits vendors from printing more than the last five digits of a customer's credit card number on a receipt. If the vendor fails to comply with FACTA, the customer is automatically entitled to "damages of not less than $100 and not more than $1,000" and is also entitled to recover punitive damages.
The defendants argued that they would go out of business if they had to pay the statutory damages under FACTA to all class members and that FACTA therefore deprived them of their property without due process of law. The court stated that, under FACTA, it could see "no honest way to avoid certifying a class" and "no honest way to approve a settlement that awards less than $100 to each class member." The court concluded that it "must follow Congress, even if it means bankruptcy for every business in the country, that is, of course, unless this Congressional enactment is invalid, as the court thinks it is." Read more about the court's reasoning by clicking the link below.
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June 20, 2008 5:02 PM | Posted by Kenya Reddy | News | Link
Milberg Weiss to pay $75 million to settle federal kickback case involving class-action lawsuits.
Illinois appeals court reinstates $120 million judgment against owners of the former Clark Oil refinery, reversing trial court’s decision to dissolve the class-action suit after a verdict was reached. Investor files class action lawsuit against Wells Fargo, claiming the company misrepresented the liquidity of auction-rate securities. Judge certifies class action in lawsuit challenging Wisconsin’s policy of allowing in-state law school graduates to become lawyers without passing the bar exam. Jury orders Kia Motors Corporation to pay New Jersey car owners $6 million for breach of warranty arising from defective brake systems.
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June 20, 2008 11:00 AM | Posted by D. Matthew Allen | Florida state courts
In a brief per curiam decision in TT of Longwood, Inc. v. Briggs, Case No. 5D07-8391, the Fifth District today reversed a circuit court discovery order that granted merits discovery prior to class certification, citing its prior decision in Policastro v. Stelk, 780 So. 2d 989 (Fla. 5th DCA 2001).
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June 13, 2008 3:35 PM | Posted by D. Matthew Allen | Analysis
As our dear readers know, a year ago, in Lowery v. Alabama Power, the Eleventh Circuit significantly modified removal law in this circuit by requiring that documents proving the amount in controversy must come from the complaint, other papers received by the plaintiff, a contract, or pre-removal pleadings and discovery.
Did the Seventh Circuit's decision in Spivey v. Vertrue, Inc., -- F.3d --, 2008 WL 2357099 (7th Cir. June 11, 2008) speak to the issue?
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June 13, 2008 3:15 PM | Posted by D. Matthew Allen | Analysis
Class Action Fairness Act lawyers know that 28 U.S.C. s. 1453(c)(1), the appeal provision of CAFA, states that application to appeal a remand order must be made "not less than 7 days after entry of the order." Most courts, including the Eleventh Circuit, have stated that this is a scrivenor's error such that "less means more" and the application to appeal must be made within 7 days of the order. See Miedema v. Maytag Corp., 450 F.3d 1322, 1326 (11th Cir. 2006). What does Judge Easterbrook of the Seventh Circuit say about this?
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June 12, 2008 3:07 PM | Posted by D. Matthew Allen | Florida state courts
Is a product defect case alleging that an autombile braking system design defect causes premature wear on the front brakes and therefore fails to meet customer expectations amenable to class treatment? Not on the facts of record in Kia Motors America Corp. v. Butler, -- So. 2d --, 2008 WL 2356354 (Fla. 3d DCA June 11, 2008).
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June 6, 2008 11:39 AM | Posted by Fentrice Driskell | Middle District of Florida
In Stahl v. Mastec, Inc., No. 8:05-cv-1265-T-27TGW, 2008 WL 2267469 (M.D. Fla. May 20, 2008), class counsel sought an award of attorneys’ fees, costs, and expenses equal to 28.8% of the gross settlement amount of $13,137,365.00.
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June 4, 2008 4:46 PM | Posted by Blaise Huhta | News | Link
H&R Block owned company sued in class action suit for allegedly targeting minorities in Massachusetts for subprime mortgages.
AT&T agrees to refund unauthorized third-party charges for ring tones in Florida.
Florida attorney files a class-action lawsuit against Bank of America alleging it over-charged customers when recalculating payments on adjustable-rate mortgages.
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May 29, 2008 6:00 PM | Posted by Kathryn Christian | Georgia District Courts
In Massih v. Jim Morgan and Associates, Inc., 542 F. Supp. 2d 1324 (M.D. Ga. 2008), the Middle District of Georgia held that a class of insureds could not recover part of a one-time premium they paid for insurance covering any amounts they owed on their car loans after a total loss of their cars. The court granted the insurer's motion for judgment on the pleadings. Read more to discover the particular policy provision on which the court relied.
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May 27, 2008 1:54 PM | Posted by Joanna Garcia | Alabama district courts, Alabama state courts
According to the Middle District of Alabama, the answer is a resounding "NO." In Siniard v. Ford Motor Co., --- F.Supp.2d ---, 2008 WL 2132078 (M.D. Ala. 2008), a product liability non-class action case, Chief Judge Fuller recently confirmed that "it is quite plain from the text of Lowery that the holdings of the case are not limited solely to cases removed under CAFA."
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May 19, 2008 9:02 AM | Posted by Kenya Reddy | News | Link
Texas mayors and business leaders file class-action lawsuit against Department of Homeland Security seeking an injunction to block work on construction of fence along the Mexican border. Federal judge approves $40 million settlement in class action alleging Unum Group artificially inflated its stock price.
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May 16, 2008 4:56 PM | Posted by Blaise Huhta | News | Link
Carrier faces class action lawsuit for allegedly fixing prices on shipping to and from Puerto Rico. A federal judge decides to dismiss a class-action lawsuit after the company last year issued the largest recall of full-size cribs in the United States. West Palm Beach Menorah Gardens cemetery will finally be rededicated Sunday, after two class action lawsuits alleging grave desecration settled for $100 million in 2003. A Santa Clara County judge has certified an overtime-related lawsuit against Sun Microsystems Inc. as a class action.
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April 22, 2008 11:25 AM | Posted by D. Matthew Allen | Florida state courts
In Nelson v. Wakulla County, -- So. 2d --, 2008 WL 1774184 (Fla. 1st DCA April 21, 2008), Florida's First District Court of Appeal addressed several aspects of class action settlement practice: (a) the nature and method of disbursement from a common fund, (b) attorney's fees and costs, and (c) class notice.
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April 11, 2008 10:52 AM | Posted by Fentrice Driskell | Middle District of Florida
In Winn-Dixie Stores, Inc. Erisa Litigation, Nos. 3:04-cv-194-J-33MCR, 3:04-cv-308-J-33HTS, 3:04-cv-195-J-33JRK, 2008 WL 815724 (M.D. Fla. Mar. 20, 2008), the Court recently gave final approval to a settlement and a settlement class seeking damages for breach of fiduciary duty claims brought under the Employee Retirement Income Security Act of 1974 (ERISA).
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