September 28, 2008 4:58 PM | Posted by Dean Morande | Middle District of Florida
Yes, but the responding party does not have to supply an answer because, according to the Middle District of Florida, such a request improperly calls for speculation. Rebman v. Follett Higher Education Group, Inc., No. 06-1476, 2008 WL 3928793 (M.D. Fla. Aug. 26, 2008).
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September 28, 2008 4:36 PM | Posted by Dean Morande | Southern District of Florida
While conceding that all the other elements for res judicata were satisfied, the plaintiffs contended that their case did not arise out of a common nucleus of operative facts. The district court disagreed, finding irrelevant that the prior class action was decided on summary judgment and holding that the claims asserted here by the plaintiffs could have been asserted in the prior litigation.
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September 28, 2008 4:16 PM | Posted by Dean Morande | Southern District of Florida
Only documents provided by the plaintiff, according to the Southern District of Florida’s interpretation of controlling Eleventh Circuit precedent.
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September 28, 2008 3:48 PM | Posted by Dean Morande | Southern District of Florida
In rejecting the plaintiffs’ argument that reliance need not be shown to certify a class under the Florida Deceptive and Unfair Trade Practices Act, the Southern District not only distinguished a seemingly contrary Florida state court decision, but explicitly stated that the court is not bound by that decision.
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September 3, 2008 3:47 PM | Posted by Blaise Huhta | News | Link
Judge grants motion to dismiss of securities class action lawsuit against ATM and voting machine maker Diebold, Inc. which alleged investors were misled.
Settlement in works for class action lawsuit filed by gym members against Court South gym over “lifetime memberships.”
Target Corp. agrees to settle a class-action lawsuit filed by the National Federation of the Blind by modifying its website and paying damages.
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