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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April 9, 2008 12:47 PM | Posted by D. Matthew Allen | Florida State Courts
What happens to a class certification order when the named plaintiffs lack standing to bring their claims? As demonstrated in Ell-Cap/Diversified 75 Naples Estates v. Naples Estates Homeowners Ass'n, 975 So. 2d 577 (Fla. 2d DCA 2008), it gets vacated.
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April 7, 2008 10:35 AM | Posted by Kenya Reddy | News | Link
Florida nursing home residents file class action against State of Florida under Americans with Disabilities Act. In current economy, attorneys specializing in securities class actions expect more lawsuits with smaller settlements. In potential first, video game fan asks judge to certify class action involving online role-playing games. Federal judge certifies class in lawsuit challenging the manner in which inmates held for minor offenses are searched at the Burlington County (PA) Jail. Two weeks before final fairness hearing in California Ford Explorer lawsuit, consumer group files legal challenge questioning settlement's fairness.
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April 3, 2008 5:15 PM | Posted by D. Matthew Allen | Analysis
Today, in McLaughlin v. American Tobacco Co., Docket No. 06-4666 cv (2d Cir. April 3, 2008), the Second Circuit REVERSED Judge Weinstein's controversial certification of a class of cigarette smokers who allegedly were deceived into believing that smoking light cigarettes was healthier than "full flavored" cigarettes.
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