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Class Actions

Class Actions

Overview

Carlton Fields’ class action practice team of more than 70 lawyers handles complex class actions throughout the country, at every state and federal court level, including the U.S. Supreme Court. We have defended hundreds of high-exposure class actions across a range of substantive areas, including financial services, insurance, consumer fraud, health care, real estate, antitrust, securities, product liability, toxic tort, telecommunications, tax, construction, and employment. We are familiar with virtually every issue class actions present, including the standards for class certification and strategies for defeating it, challenges to standing, jurisdiction and venue, removal, dismissal, summary judgment, arbitration, settlement administration, MDL proceedings, and joinder of parties. In the past 3 years, our lawyers have handled more than 100 active class action matters.

Our firm also has a deep understanding of the legal doctrines and laws that have particular impact on the financial services and insurance industries, including the filed-rate and form doctrines, primary jurisdiction, the McCarran-Ferguson Act, the Private Securities Litigation Reform Act, and the Securities Litigation Uniform Standards Act. Additionally, we regularly litigate removal and settlement issues related to the Class Action Fairness Act.
 
Early Case Assessment

The early evaluation of class action litigation is critical to efficient case planning as well as risk management. Our class action attorneys work closely with our clients to assess not only the strengths and weaknesses of the case but also to craft a litigation plan to reduce exposure and identify a set of shared objectives.

Tailored Strategies

For some clients, a vigorous challenge to class certification is critical. Others prefer strategic settlement. Still others wish us to try their cases and, if necessary, pursue appeals. In each situation, we help clients achieve their business objectives and litigation goals.
 
Case Management

We are frequently retained to manage or coordinate a client’s overall institutional response to multiple jurisdiction, parallel class actions, or multidistrict litigation. The skills of our class action team are supplemented by our firsthand knowledge of the risks peculiar to various jurisdictions and our significant experience in selecting and teaming with local trial counsel as appropriate.
 
Firmwide Resources

Our national class action defense practice team works closely with firm colleagues who focus on particular issues that arise in class action lawsuit defense. For example, they collaborate with our e-discovery team to formulate cutting-edge strategies that address the growing challenges raised by electronically stored information. They also receive crucial support from the firm’s appellate lawyers, who work alongside them before and during trial to develop the best possible record and, if necessary, to prevail on appeal.

Thought Leadership

  • The firm conducts and publishes an annual national Class Action Survey, which details best practices for reducing class action costs and managing their risks. The survey draws on more than 300 in-depth interviews each year with general counsel and senior legal officers at leading companies of every size.
  • Our class action lawyers contribute frequent posts to our blog, Classified, which features case summaries and links to class action-related news.
  • We write and speak often on class action defense issues and trends, and have presented to clients and counsel across North America.
Recognized as a class action powerhouse.

Nationwide Experience

Experience in every circuit, at every level

Carlton Fields has litigated and counseled clients in hundreds of class actions for more than 30 years in federal and state courts across the nation.

Review a list below of some of the cases we have handled in the U.S. Supreme Court, the U.S. court of appeals in every circuit, and numerous U.S. district courts, as well as in state supreme and intermediate appellate courts.

Mann v. Unum Life Insurance Company of America, 139 So. 3d 895 (Fla. 2d DCA 2014)
  • Putative Class Action: CAFA Removal Amount In Controversy. 
Higgins v. Commonwealth Land Title Insurance Co., No. 04-365-CA (Fla. Cir. Ct. Apr. 21, 2014)
  • Summary judgment in favor of title insurer and against certified class of refinancing borrowers who alleged they had been overcharged by not being provided reissue rates for title insurance. 
Castellanos v. Citizens Property Insurance Corp., No. 06-27811 CA 01 (Fla. Cir. Ct. June 14, 2017)
  • Order granting summary judgment in favor of insurer against certified class of condominium unit owners and against cross-plaintiff property developer; court finds that claims for “constructive total loss” were barred by the insurance policy’s Ordinance and Law exclusion and by failure to demonstrate compliance with city ordinance that purportedly required demolition of building. 
911 Dry Solutions v. Citizens Property Insurance Corp., No. CACE-17-021727 (Fla. Cir. Ct. 2017)
  • Challenge to policy limits for mitigation of non-hurricane water damage.
Stoll v. Musculoskeletal Institute, No. 8:20-cv-01798 (M.D. Fla. Feb. 18, 2021)
  • Granting motion to stay data breach class action pending the Supreme Court's resolution of TransUnion v. Ramirez.
Diaz v. Deutsche Bank National Trust Co., No. 1:14-cv-22583, 2014 WL 4351411 (S.D. Fla. Sept. 2, 2014)
  • Obtained dismissal with prejudice of entire seven count class action complaint seeking to quiet title to over 50,000 properties and void over 50,000 valid notes and mortgages.
Decastro v. Small Planet Foods, Inc., No. 9:14-cv-80033 (S.D. Fla. 2014)

In re Takata Airbag Products Liability Litigation, No. 1:15-md-02599 (S.D. Fla. 2015)
  • Putative class actions for economic damages and personal injuries arising from allegedly defective airbags. 
Gelfound v. MetLife Insurance Company of Connecticut, 313 F.R.D. 674 (S.D. Fla. 2016)
  • Obtained order denying plaintiff’s motion for class certification of putative nationwide class action for breach of contract against insurer in action challenging premiums charged for a long-term care insurance policy rider.
Downing v. Fidelity National Title Insurance Co., No. 3:16-cv-00119 (N.D. Ga. Sept. 14, 2017)
  • Putative class action against six title insurers alleging unlawful conspiracy to defraud purchasers of title insurance in Georgia by scheming to eliminate discounts from published premiums dismissed with prejudice because, inter alia, alleged misrepresentations of law are not actionable, and even if actionable, were not proximate cause of alleged injury to plaintiff. 
In re Knology, Inc., No. 12-cv-0564, 2015 WL 9666753 (Ga. Sup. Ct. Dec. 3, 2015)
  • Order denying plaintiff's motion for national class certification in case filed by former shareholders involving alleged breaches of fiduciary duty in connection with corporate merger.
Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. Aug. 28, 2019)
  • Defense of an entity sued under the TCPA in a putative class action for sending a single unwanted text message. In a landmark decision, the Eleventh Circuit held that the plaintiff failed to allege a concrete injury sufficient to confer Article III standing, creating a circuit split on the issue.
Weller v. HSBC Finance Corp., 187 F. Supp. 3d 1263 (D. Colo. 2016)
  • Enforcing class action settlement against a class member attempting to relitigate claims related to lender-placed flood insurance in a Mississippi action, and enjoined the settlement class member from further pursuing released claims in the Mississippi action.

Africa v. Vision Path Inc., No. 2:23-cv-04570 (C.D. Cal.)

  • Defending contact lens manufacturer and co-founders in putative class action matter asserting claims under the UCLA, CLRA, and various product liability claims, and seeking to pierce the corporate veil.

Hendrickson v. Fifth Third Bank, No. 0:18-cv-00086 (D. Minn. 2019)

  • Defended national bank against claims for violation of the Minnesota UCC and FDCPA on behalf of putative class.

Sampson v. Fifth Third Bank, No. 0:18-cv-01622  (D. Minn. 2019)

  • Defended national bank against claims for violation of the Minnesota UCC and FDCPA on behalf of putative class.

Delamarter v. Supercuts Inc., No. 0:19-cv-03158 (D. Minn.)

  • Dismissed FACTA action for lack of subject matter jurisdiction due to lack of standing.

Delamarter v. Supercuts Inc., No. 27-cv-29-29280 (Hennepin County, Minnesota 2022)

  • Successfully defeated class certification in FACTA matter and successfully defended appeal of the same at both the Minnesota Court of Appeals and Minnesota Supreme Court, No. A22-0448, 2022 WL 2135263 (Minn. Ct. App.).
  • Obtained dismissal upon motion to dismiss and denial of motion to certify class in a civil rights/housing matter.

Salcedo v. Ramsey Co., No. 23-2283 (8th Cir. 2023)

  • Appeal dismissed after obtaining Rule 12 dismissal and denial of class certification in federal district court.

Cope v. Allianz Life Insurance Co. of North America, No. 0:25-cv-02003 (D. Minn. 2025)

  • Defending Allianz against class claims it breached the provisions of its deferred annuity contracts with plaintiff and the class members by applying a rate lower when calculating payout amounts for persons who elected to receive a specific annuity option.
Leimkuehler v. American United Life Insurance Co., 713 F.3d 905 (7th Cir. 2013)
  • Represented industry group as amicus curiae in support of prevailing party in appeal from district court's grant of summary judgment in ERISA class action involving alleged "revenue sharing" fees. 
Cohen v. American Security Insurance Co., 735 F.3d 601 (7th Cir. 2013)
  • Affirming dismissal of putative national class action alleging fraud and breach of contract regarding lender-placed insurance.
Gooch v. Life Investors Insurance Company of America, 672 F.3d 402 (6th Cir. 2012)
  • Vacating certification of national class alleging breach of contract and the implied duty of good faith and fair dealing, bad faith, and violation of state consumer protection act, finding prior class settlement was entitled to preclusive effect. 
Corwin v. Lawyers Title Insurance Co., 276 F.R.D. 484 (E.D. Mich. 2011)
  • Denial of class certification in putative statewide consumer class action against title insurance underwriter alleging overcharging for title insurance premiums.
Hunter v. Transamerica Life Ins. Co., 498 F. App’x 430 (5th Cir. 2012)
  • Affirming dismissal of national class action collaterally attacking prior class action settlement.
Kocurek v. CUNA Mutual Insurance Society, No. 08-581 (W.D. Tex. 2012)
  • Certification proceeding stayed in putative class action alleging fraud and deceptive trade practices in connection with credit life policy. Action initially dismissed; reinstated after appeal to Fifth Circuit Court of Appeals and settled on an individual basis.
Stevens v. Camping World Holdings, Inc., No. 5:17-cv-00416 (E.D.N.C. 2017)
  • Following motion to dismiss, plaintiff voluntarily dismiss putative class action alleging that obligor had a policy of providing incomplete refunds following the cancellation of vehicle service agreements.
Lauren v. PNC Bank, N.A., 296 F.R.D. 389 (W.D. Pa. 2014)
  • Motion to dismiss granted in putative nationwide class action against hazard insurer alleging unjust enrichment and challenging certain practices related to lender-placed insurance.
Alberton v. Commonwealth Land Title Insurance Co., 299 F.R.D. 109 (E.D. Pa. 2014)
  • Decertification of statewide class action for unfair trade practices based on alleged overcharging for title insurance premiums.
Francese v. American Modern Insurance Group, Inc., No. 2:17-cv-02246 (D.N.J. Apr. 16, 2019)
  • Obtaining dismissal of class action brought against lender placed insurers and mortgage loan servicers alleging "illegal kickbacks" of premium charges and misappropriation of insurance proceeds based on the "filed rate" doctrine and mortgagor's lack of standing to pursue policy benefits.

Bayne v. Target Corp., No. 1:21-cv-05938 (S.D.N.Y. 2022)

  • Motion to dismiss granted on all but one count, leading to early individual settlement ending plaintiffs’ efforts at class certification over numerous claims alleging defects in consumer electronics product.

Green v. Sirchie Acquisition Co. & Premier Biotech Inc., No. 1:21-cv-11504 (D. Mass.)

  • Defended distributor of drug testing products in a putative class action matter asserting consumer protection claims with respect to purchase of drug tests for use in prisons.

Insights

Our Team

Key Contacts

D. Matthew Allen
Shareholder

Additional Members

Scott Abeles
Shareholder
Washington, D.C.
Enrique D. Arana
Shareholder
Miami
Claire Barlow
Associate
Minneapolis
Stephen Beke
Senior Counsel
Los Angeles
Bruce J. Berman
Shareholder
Miami
Naomi M. Berry
Shareholder
Miami
Dane R. Blunt
Shareholder
Tampa
Cathleen Bell Bremmer
Of Counsel
Tampa
Scott E. Byers
Shareholder
Miami
David J. Carrier
Shareholder
Minneapolis
Kenneth J. Cesta
Of Counsel
New Jersey
John E. Clabby
Shareholder
Tampa
Johanna W. Clark
Shareholder
Orlando
Jeffrey A. Cohen
Shareholder
Miami
Jenny A. Covington
Shareholder
Minneapolis
James S. Czodli
Shareholder
Miami
Eden M. Darrell
Shareholder
Washington, D.C.
Robert W. DiUbaldo
Shareholder
New York
Kai L. Donner
Associate
Tampa
Steven C. Dupré
Shareholder
Tampa
Jenna L. Durr
Shareholder
Minneapolis
Jorkeell Echeverria
Shareholder
New Jersey
David B. Esau
Shareholder
West Palm Beach
Scott D. Feather
Shareholder
Tampa
Stephanie A. Fichera
Shareholder
Miami
Christopher W. Fowlkes
Shareholder
Minneapolis
Jaret J. Fuente
Shareholder
Tampa
Todd M. Fuller
Shareholder
Miami
Jon T. Gatto
Shareholder
Tampa
Simon A. Gaugush
Shareholder
Tampa
Harvey W. Geller
Shareholder
Los Angeles
Molly Jean Given
Shareholder
Minneapolis
Kristin A. Gore
Shareholder
West Palm Beach
Jason H. Gould
Shareholder
Washington, D.C.
Clifton R. Gruhn
Shareholder
Miami
M. Derek Harris
Shareholder
West Palm Beach
Michael T. Hensley
Shareholder
New Jersey
Sean W. Hughes
Associate
Miami
Amy Lane Hurwitz
Shareholder
Miami
Austin L. Jackson
Associate
Los Angeles
Stephen J. Jorden
Shareholder
Hartford
Allison Oasis Kahn
Shareholder
West Palm Beach
David A. Karp
Of Counsel
Miami
Eric S. Kay
Senior Counsel
Tampa
Bruce Charles King
Of Counsel
Miami
Jeanne M. Kohler
Shareholder
New York
John J. Lamoureux
Of Counsel
Tampa
Joseph H. Lang Jr.
Shareholder
Tampa
Markham R. Leventhal
Shareholder
Washington, D.C.
Jason T. Long
Associate
Miami
Andrew J. Markus
Of Counsel
Miami
Kevin P. McCoy
Shareholder
Tampa
Mac R. McCoy
Of Counsel
Tampa
James E. "Shamus" McKenna
Associate
Tampa
Scott L. Menger
Shareholder
Los Angeles
Dean A. Morande
Shareholder
West Palm Beach
Jason A. Morris
Shareholder
Atlanta
Paul L. Nettleton
Shareholder
Miami
Mark A. Neubauer
Shareholder
Los Angeles
Christopher J. Norris
Associate
Miami
Luigi Orengo Jr.
Shareholder
Tampa
Edward J. Page
Shareholder
Tampa
Robert W. Pass
Of Counsel
Tallahassee
Brooke Patterson
Associate
Miami
John C. Pitblado
Shareholder
Hartford
Thomas G. Rohback
Shareholder
Hartford
Annick R. Runyon
Associate
Miami
David P. Safir
Associate
Miami
Gary L. Sasso
President and Chief Executive Officer
Tampa
Donald R. Schmidt
Shareholder
Tampa
Raina T. Shipman
Associate
Miami
Michael D. Sloan
Shareholder
West Palm Beach
Benjamin M. Stoll
Shareholder
Washington, D.C.
Nora A. Valenza-Frost
Of Counsel
New York
James Michael Walls
Of Counsel
Tampa
David J. Walz
Shareholder
Tampa
Aaron S. Weiss
Shareholder
Miami
Douglas A. Wickham Jr.
Associate
Tampa
Michael N. Wolgin
Shareholder
Miami

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.