August 4, 2012 11:28 AM | Posted by Kaufman, Avi |
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In Stillion v. United Bank, Inc., Nos. 09-MD-02036-JLK, 1:11-CV-21472-JLK (S.D. Fla. July 25, 2012), a banking overdraft case filed in the Southern District of West Virginia before being transferred to the Multi District Litigation in Florida, the court evaluated the sufficiency of the defendants’ evidence establishing the applicability of three possible exceptions to subject matter jurisdiction under the Class Action Fairness Act. read more
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January 11, 2012 11:38 AM | Posted by Avi Robert Kaufman |
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In In re Florida Cement & Concrete Antitrust Litig., No. 09-23493-CIV, 2012 WL 12382 (S.D. Fla. Jan. 3, 2012), the plaintiffs sought certification of a class of indirect purchasers of ready-mix concrete who were injured by an alleged price-fixing conspiracy in the Florida concrete industry. The court found that the proposed class representatives had not purchased concrete from the defendants or had purchased concrete prior to the period in which the price-fixing is alleged to have occurred and therefore did not satisfy Rule 23’s typicality and adequacy prongs. Id. at *4-5. Notwithstanding, the court went on to evaluate the proposed class under Rule 23(b)(3)’s predominance and superiority requirements. Id. at *7. read more
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December 28, 2011 11:16 PM | Posted by Weiss, Aaron |
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Judge King Issues MDL order on Waiver of Arbitration. read more
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