March 30, 2007 1:59 PM | Posted by Kenya Reddy | Link
Home builder faces class action lawsuit for conspiring to illegally finance unqualified purchasers to buy newly-constructed homes.
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March 29, 2007 10:02 AM | Posted by Blaise Huhta | News | Link
Five U.S. Gas Retailers Must Face Gas Price Class Suit.
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March 27, 2007 2:18 PM | Posted by Robert Ciotti | Arbitration
California law overcomes provision that Delaware law governs when Delaware law would have precluded class action arbitration.
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March 27, 2007 12:00 PM | Posted by Robert Ciotti | Arbitration
Does phrasing an arbitration clause in terms of "you" and "your" limit a claimant's ability to bring a class action in the arbitration? Does it matter that the respondent is to bear the arbitration costs?
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March 27, 2007 11:26 AM | Posted by Joanna Garcia | Georgia State Courts
In Barnes v. City of Atlanta, 639 S.E.2d 420 (Ga. App. 2006), the Georgia Appellate Court affirmed the trial court's rulings that Class I plaintiffs could only recover refunds for the three years preceding their re-certification, and that those lawyers who opted out of their class would not be responsible for the attorney fees of class counsel. The Georgia Supreme Court reversed.
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March 27, 2007 11:24 AM | Posted by Joanna Garcia | Georgia State Courts, Insurance
Employer sued health care insurer for alleged overcharges for insurance renewal premiums for its group health insurance plan. The Superior Court dismissed the complaint based on ERISA preemption. The employer appealed. The Court of Appeals reversed, and held that: (1) claim of overcharging was not preempted by ERISA, and (2) employer was not required to exhaust administrative remedies on claim that overcharging violated statutory requirements for rating small groups.
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March 27, 2007 11:20 AM | Posted by Joanna Garcia | Georgia District Courts, Insurance
Insured brought putative class action on behalf of persons who were entitled to, but were denied refund of unearned premium on credit insurance coverage upon early termination of their automobile loans. Credit insurer moved for summary judgment on ground of mootness. The court denied the motion and held that insurer's tender of refund to named plaintiff before class could be certified did not under facts moot controversy.
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March 20, 2007 11:08 AM | Posted by Robert Ciotti | Arbitration
Maryland appeals court finds arbitration clause effectively prohibited both arbitration and litigation class actions.
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March 19, 2007 5:02 PM | Posted by Robert Ciotti | Arbitration
Under AAA Rules, an arbitrator's decision on class certification is immediately appealable to a court -- but what standard of review applies?
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March 19, 2007 4:20 PM | Posted by Kathryn Christian | Analysis
This series of postings will address whether certain causes of action can be maintained on a class-wide basis under Florida and federal law. As to fraud, the law in Florida is well-settled: claims of fraud will not be certified for class treatment. The general rationale behind this rule is that individualized questions concerning reliance predominate over common issues. Cases reflecting this holding are listed below. Does the same hold true for federal courts? The next posting will address this question.
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March 19, 2007 9:11 AM | Posted by D. Matthew Allen | Arbitration, Florida State Courts
One hot topic of late in class action law is whether a class action can occur in arbitration? And who decides? Have the Florida courts weighed in?
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March 19, 2007 8:56 AM | Posted by Kathryn Christian | Analysis
The Model Rules of Professional Responsibility and the Florida Rules of Professional Conduct both prohibit an attorney from taking on representation that involves a conflict of interest in the absence informed consent. How do these rules apply in the class action context, where absent and unnamed class members cannot give informed consent and waive such a conflict?
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March 16, 2007 4:57 PM | Posted by Blaise Huhta | News | Link
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March 9, 2007 10:33 AM | Posted by D. Matthew Allen | Arbitration, Florida State Courts, Insurance
On February 28, 2007, in Freedom Life Ins. Co. v. Wallant, -- So. 2d --, 2007 WL 6000629 (Fla. 4th DCA 2007), the Fourth District rejected the defendant Freedom’s second attempt to send the case to arbitration.
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March 9, 2007 10:15 AM | Posted by Kathryn Christian | Analysis
Prior to the enactment of Class Action Fairness Act (CAFA), it was well-established that each plaintiff had to prove that his or her claims against each defendant satisfied the amount in controversy requirement, unless the defendants were jointly liable 160; Is that still the case?
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March 4, 2007 10:48 AM | Posted by D. Matthew Allen | Florida State Courts
On March 2, 2007, in Florida Health Sciences Center, Inc. v. Elsenheimer, Florida’s Second District Court of Appeal reminded class action litigants -- and trial courts deciding certification questions -- that a certification decision must be based on evidence, not merely allegations or argument.
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March 4, 2007 10:45 AM | Posted by D. Matthew Allen | Florida State Courts
In State Dep’t of Highway Safety & Motor Vehicles v. Rendon, -- So. 2d --, 2007 WL 521156 (Fla. 3d DCA Feb. 21, 2007), the Third District joined the Second District in effectively ruling out class actions seeking money damages in refund litigation against the State.
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