What happens if a district court provides five alternative bases to deny class certification, and the appellant fails to refute one of those bases in its initial brief to the Eleventh Circuit? read more

Eleventh Circuit Approves Class Settlement Of Suit Against Disney For Its Ban On Two-Wheeled Vehicles

October 16, 2012 5:25 PM | Posted by Morande, Dean | Permalink

In Ault v. Walt Disney World Co., 692 F.3d 1212 (11th Cir. 2012), a class settlement was reached in a suit alleging that Disney’s policy banning the use of two-wheeled vehicles violated Title III. The settlement involved Disney’s agreement to implement a four-wheeled stand-up mobility vehicle. Objectors to the settlement asserted that the settlement should have been rejected, both because the class representatives lacked typicality and because the class settlement was not fair. Both the district court and the Eleventh Circuit disagreed. read more

Another Class Action Waiver Upheld—Eleventh Circuit Applies Concepcion In Holding That FAA Preempts Florida Law To The Extent It Would Invalidate Class Action Waiver

August 27, 2012 3:20 PM | Posted by Morande, Dean | Permalink

The Eleventh Circuit in Pendergast v. Sprint, No. 09-10612 (11th Cir. Aug. 20, 2012), upheld Sprint’s class action waiver without resorting to an analysis of whether the waiver is unconscionable under Florida law or if it frustrates the remedial purposes of the Florida Deceptive and Unfair Trade Practices Act. This was so because, according to the Court, “to the extent Florida law would invalidate the class action waiver, it would still be preempted by the FAA” [Federal Arbitration Act]. read more

Citing Concepcion, Florida Supreme Court Declines to Entertain Consumer Class Action Waivers

July 30, 2012 1:31 PM | Posted by Kirkwood, Allison | Permalink

More than two years ago, the Eleventh Circuit certified questions to the Florida Supreme Court regarding class actions waivers in consumer contracts in Pendergast v. Sprint Nextel Corp., 592 F.3d 1119 (11th Cir. 2010). In light of the United States Supreme Court's ruling in Concepcion, the Florida Supreme Court declined jurisdiction. read more

Certification Fails In Challenge To Insurer’s Use Of Coding Initiative For PIP Reimbursement

April 12, 2012 9:17 AM | Posted by Morande, Dean | Permalink

In DWFII Corp. v. State Farm Mutual Auto. Ins. Co., No. 11-10162 (11th Cir. Mar. 27, 2012) (unpublished), the Eleventh Circuit upheld the district court’s denial of certification to a purported class of medical providers challenging State Farm’s use of National Correct Coding Initiative edits to determine reimbursement for Personal Injury Protection claims under Florida’s no fault insurance statute. read more

Eleventh Circuit Affirms That Inquiry Into Merits Is Appropriate To The Extent Necessary To Resolve Class Issues

January 27, 2012 8:38 AM | Posted by Morande, Dean | Permalink

In Coastal Neurology, Inc. v. State Farm Automobile Insurance Company, No. 10-15837 (11th Cir. Jan. 25, 2012) (unpublished), the Eleventh Circuit affirmed the district court’s order denying class certification. In doing so, the court made clear once again that, although a district court may not resolve the merits of a case in ruling on a Rule 23 motion, an inquiry into the merits may be necessary to determine whether Rule 23 has been met.

Note: Carlton Fields represented State Farm in this litigation. read more

NLRB Rules Against Class Action Waivers

January 10, 2012 2:37 PM | Posted by Wiley, Jim | Permalink

Friday, in D.R. Horton Inc. v. Michael Cuda, the NLRB issued a ruling that class action waivers of workplace claims can amount to an unfair labor practice under the National Labor Relations Act—that is, such waivers are unlawful. read more

Concepcion Waiver

December 28, 2011 11:16 PM | Posted by Weiss, Aaron | Permalink

Judge King Issues MDL order on Waiver of Arbitration.
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