education

Vanderbilt University Law School (J.D., 1990)
University of Tennessee at Chattanooga (B.A., 1987), magna cum laude

related practices

related industries

bar admissions

Florida

court admissions

Florida State Courts
United States Supreme Court
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Middle District of Florida
U.S. District Court, Southern District of Florida

D. Matthew Allen

Shareholder

mallen@carltonfields.com

Tampa

T: 813.229.4304

F: 813.229.4133

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Matt Allen has particular emphasis in class action and antitrust litigation, having litigated dozens of class actions last year alone. More broadly, his area of practice is complex litigation, including antitrust law, deceptive trade practice law, insurance litigation, appellate law, and general business disputes.

Mr. Allen is board certified by The Florida Bar in Antitrust and Trade Regulation Law.

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Representative Experience

Class Action Litigation:

Represented largest automobile insurance carrier in Florida in defeating class certification in multiple putative class action lawsuits filed by medical providers. All Family Clinic of Daytona Beach v. State Farm Mut. Auto. Auto. Co., --- F.R.D. --- 2012 WL 759487 (S.D. Fla. 2012) Read PDF; DWFII Corporation, d/b/a Falls Chiropractic Health Center v. State Farm Mut. Auto. Ins. Co, --- F.R.D. ----, 2010 WL 5094242 (S.D. Fla. 2010). aff'd, 2012 WL 1002234 (11th Cir. 2012) Read PDF; Coastal Neurology Inc. v. State Farm Mut. Auto. Ins. Co., 271 F.R.D. 538 (S.D. Fla. 2010), aff'd, 458 Fed. Appx. 793 (11th Cir. 2012). Read PDF.
Represented large timeshare company in putative class action removed to federal court under the Class Action Fairness Act of 2005; defeated remand to state court and obtained dismissal of FDUTPA and related claims. Perret v. Wyndham Vacation Resorts, Inc., ---- F.Supp.2d ----, 2012 WL 3758036 (S.D. Fla. Aug. 28, 2012) (order granting motion to dismiss and closing case) Read PDF; Perret v. Wyndham Vacation Resorts, Inc., et al., ---- F. Supp. 2d ----, No. 11–CV–61904, 2012 WL 718794 (S.D. Fla. Mar. 5, 2012) Read PDF; Perret v. Wyndham Vacation Resorts, Inc., et al., ---- F. Supp. 2d ----, No. 11–CV–61904, 2012 WL 592171 (S.D. Fla. Feb. 22, 2012) Read PDF.
Represented retail supermarket chain in consumer class action removed to federal court under the Class Action Fairness Act of 2005 and defeated remand to state court. Heretick v. Publix Super Markets, Inc., ---- F. Supp. 2d ----, No. 8:11–cv–2438–T–23TBM, 2012 WL 251977 (M.D. Fla. Jan. 26, 2012). Read PDF.
Represented one of the nation's largest court reporting services in defense of a FDUTPA consumer class action. In re Motions to Certify Classes Against Court Reporting Firms for Charges Relating to Word Indices, 715 F. Supp. 2d 1265 (S.D. Fla. 2010), aff'd 439 Fed.Appx. 849 (11th Cir.(Fla.) Aug 31, 2011).
Represented an automobile financing company in defense of a FDUTPA consumer class action. Baldwin, Christine F v. Miami Automotive Retail Inc., Case Number (LOCAL): 2006-19334-CA-01 Filing Date: 09/22/2006 Case Number (STATE): 13-2006-CA-019334-0000-01.
Represented a major automobile manufacturer in defense of a series of national and state product liability class actions involving the manufacturer’s F-250 and F-350 trucks. Brisson v. Ford Motor Co., 602 F. Supp. 2d 1227 (M.D. Fla. 2009), aff’d in part, rev’d in part, 2009 WL 3326264 (11th Cir. 2009); Lewis v. Ford Motor Co., 263 F.R.D. 252 (W.D. Pa. 2009).
Represented the largest automobile insurance carrier in Florida in defense of various class action lawsuits filed by providers of MRI services. Altamonte Springs Imaging, L.C. v. State Farm Mut. Auto. Ins. Co., 12 So. 3d 850 (Fla. 3d DCA 2009); Coastal Neurology, Inc. v. State Farm Mutual Auto. Ins. Co., 271 F.R.D. 538 (S.D. Fla. 2010); MRI Associates of St. Pete, Inc. v. State Farm Mutual Auto. Ins. Co., 2010 WL 5184064 (M.D. Fla.); DWFII v. State Farm Mutual Auto. Ins. Co., 271 F.R.D. 676 (S.D. Fla. 2010).
Represented a title insurer in defense of a series of class actions alleging overcharge of premiums on policies issued to mortgage lenders. Hoving v. Lawyer’s Title Ins. Co., 256 F.R.D. 555 (E.D. Mich. 2009).
Represented manufacturer of dental implants in defense of product liability class action alleging that the implants were defective. Cohen v. Implant Innovations, Inc., 259 F.R.D. 617, 2008 WL 3927223 (S.D. Fla. 2008).
Represented timeshare company in defense of class action by timeshare purchasers. Grimes v. Fairfield Resorts, Inc., 2007 WL 245128 (11th Cir. 2007).
Represented an airplane engine manufacturer in defense of a product liability class action alleging the engine was defective. Montgomery v. New Piper Aircraft, Inc., 209 F.R.D. 221 (S.D. Fla. 2002).
Represented a major automobile insurance carrier in class action filed by agents alleging breach of contract. Jim Moore Ins. Agency, Inc. v. State Farm Mut. Auto. Ins. Co., 2003 WL 22097937 (S.D. Fla. 2003), aff’d, 147 Fed. Appx. 841 (11th Cir. 2005).
Represented a major Florida homebuilder in defense of class action and separate class arbitration, both alleging home construction defects. Bouchard v. The Ryland Group, Inc., 2007 WL 2460386 (Fla. Cir. Ct. (Orange County) 2007); Addleman v. The Ryland Group, Inc., No. 11 181 01524 05 (AAA arbitration)
Represented chemical company in defense of former employees’ medical monitoring class action alleging exposure to toxic chemicals. Hoyte v. Stauffer Chemical Co., 2002 WL 31892830 (Florida Cir. Ct. (Pinellas County), Nov. 6, 2002).

Multi-District Litigation:

Represented manufacturer of schizophrenia drug in multi-district product liability litigation alleging the drug was defective. In re Seroquel Products Liability Litig., 598 F. Supp. 2d 1271 (M.D. Fla. Feb. 6, 2009); 2009 WL 618240 (M.D. Fla. March 12, 2009).
Represented homebuilders in defense of multi-district product liability class actions alleging drywall installed in homes was defective. In re Chinese-Manufactured Drywall Products Liability Litig., 626 F. Supp. 2d 1346 (J.P.M.L. June 15, 2009).

Antitrust Litigation:

Represented Colombian company alleging a per se unlawful market allocation against its collaboration partner. Procaps S.A. v. Patheon Inc., 2013 WL 673730 (S.D. Fla. February 25, 2013).
Represented major automobile insurer in nationwide antitrust class action alleging conspiracy to limit coverage for auto repairs. Gilchrist v. State Farm Mut. Auto Ins. Co., 390 F.3d 1327 (11th Cir. 2004).
Represented national horse show association in standard setting monopolization and conspiracy action. JES Properties, Inc. v. USA Equestrian, Inc., 253 F. Supp. 2d 1273, (M.D. Fla. 2003).
Represented seller of ultra-high speed printers in antitrust class action alleging violations of state antitrust and FDUTPA laws. Oce Printing Systems USA, Inc. v. Mailers Data Services, Inc., 760 So. 2d 1037 (Fla. 2d DCA 2000).
Represented manufacturer of thermal fax paper in defense of antitrust price fixing conspiracy class action. Excu-Tech Business Systems, Inc. v. Appleton Papers, Inc., 743 So. 2d 19, (Fla. 4th DCA 1999).
Represented agricultural chemical company in defense of vertical price fixing class action. In Re Agricultural Chemicals Antitrust Litigation, 1995-2 Trade Cases (CCH) 71, 197 (N.D. Fla. 1995).

Pro Bono

Represented objector to U.S. holocaust survivors’ class action settlement of claims against a Swiss bank in alleging that settlement was not fair to U.S. survivors. In Re: Holocaust Victims Assets Litigation. Thomas Weiss, David Mermelstein, et al. v. Union Bank of Switzerland, et.al.: United States Court of Appeals for the Second Circuit, Docket No. 00-9593, 00-0613, 00-9614.
Represented Florida Association of Licensed Adoption Agencies in high profile dispute over prospective parents’ rights in adoption challenge by birth father. In the Interest of Baby Boy G., 703 So. 2d 1103 (Fla. 2d DCA 1997).

Publications

03.25.2013	Co-Author, “Annual Review of Developments in Business and Corporate Litigation,” Ch. 6, Class Action Law, ABA Section of Business Law, Committee on Business and Corporate Litigation (2013 ed. Vol. 1).
03.08.2013	Co-Author, “When the Cup Runneth Over: Cy Pres Distributions in Class Action Settlements,” Bloomberg BNA Class Action Litigation Report, Vol. 15, No. 5 (March 8, 2013).
04.2012	Co-Author, “The 2012 Carlton Fields Class Action Survey: Best Practices in Reducing Cost and Managing Risk in Class Action Litigation” (April 2012).
03.01.2012	Co-Author, “Annual Review of Developments in Business and Corporate Litigation,” Ch. 7, Class Action Law, ABA Section of Business Law, Committee on Business and Corporate Litigation (2012 ed. Vol. 1).
02.01.2012	Co-Author, “Nature of the Beast: Recurrent Ethical Issues Confronting Attorneys Attempting to Settle Florida Class Actions,” Vol. 86, No. 2, The Florida Bar Journal (February 2012).
01.24.2012	Co-Author, “Taming the Kraken: The Supreme Court Weighs in on Class Actions in 2011,” Business Law Today (January 2012).
01.10.2012	Client Alert: NLRB Rules Against Class Action Waivers (January 2012).
06.01.2011	Co-Author, "The Federal Character of Florida's Deceptive and Unfair Trade Practices Act," University of Miami Law Review, Volume 65, No. 4 (Summer 2011).
04.01.2011	Chapter Co-Author, “Class Action Litigation,” in Successful Partnering Between Inside and Outside Counsel, Thomson/West and Association of Corporate Counsel Treatise (2011 edition).
03.01.2011	Co-Author, “Annual Review of Developments in Business and Corporate Litigation,” Ch. 7, Class Action Law, ABA Section of Business Law, Committee on Business and Corporate Litigation (2011 ed. Vol. 1).
07.29.2010	Co-Author, “The Supreme Court's Class Action Arbitration ‘Do Over’ in Stolt-Nielsen,” Bloomberg Law Reports - Class Actions, Vol. 3, No. 7 (July 2010).
07.21.2010	Client Alert: New 11th Circuit CAFA Decision That May Affect Subject Matter Jurisdiction in Pending Class Actions in Federal Court (July 19, 2010).
02.01.2010	Chapter Co-Author, “Class Action Litigation,” in Successful Partnering Between Inside and Outside Counsel, Thomson/West and Association of Corporate Counsel Treatise (2010 edition).
06.03.2009	Client Alert: New Case on Class Action Settlement (2009).
01.01.2009	Co-Author, “Annual Review of Developments in Business and Corporate Litigation,” Ch. 7, Class Action Law, ABA Section of Business Law, Committee on Business and Corporate Litigation (2009 ed. Vol. 1).
01.01.2008	Co-Author, “Annual Review of Developments in Business and Corporate Litigation,” Ch. 7, Class Action Law, ABA Section of Business Law, Committee on Business and Corporate Litigation (2008 ed. Vol. 1).
02.01.2007	“The Ten Commandments of Writing An Effective Appellate Brief,” Paraclete, St. Petersburg Bar Association Magazine (February 2007).
01.01.2007	Co-Author, “Class Certification: Plaintiff's & Defendant’s Perspective” PLI (2007).
05.01.2006	Client Alert: Business Litigation and Trade Regulation News: Class Action Law Update (May 1, 2006).
01.01.2006	Co-Author, “Defending Class Actions,” PLI (July 2006).
01.01.2006	Co-Author, “Issues Certification-White Papers,” for Products Liability Advisory Council (2006).
05.01.2003	Co-Author, “Back to the Future: Toward a More Rigorous Analysis of Antitrust Class Actions,” Antitrust Bulletin (May 1, 2003).
12.11.2002	Contributing Editor, “ABA Antitrust Section Health Care Chronicle” (December 11, 2002).
01.02.2002	Co-Author, “Beating the Odds: Practical Advice on Winning the Class Certification Game by Litigation or Settlement,” Class Action Litigation Report (BNA) No. 1 at 34 (2002).
03.31.1999	Co-Author, “The Pass-On Problem in Indirect Purchaser Class Litigation,” The Antitrust Bulletin (1999).
01.01.1999	Co-Author, “The Aftermath of Amchem,” Corporate Counsel Newsletter (1999).
12.31.1995	Co-Author, “Umbrella Protective Orders and the ‘Good Cause Trap’ for the Unwary Litigator,” ABA Pretrial Practice & Discovery (1996).
01.01.1995	“Can the Antitrust Enforcers Live Up to Their Press Billings?” Care Chronicle (1995).
01.01.1994	Contributing Writer, “ABA Antitrust Health Care Handbook II” (1994).
01.01.1993	Contributing Writer, “1993 Review of Antitrust Law Developments” (1993).
01.01.1992	“The Active Supervision Requirement for State Action Immunity,” ABA State Action & Noerr Gazette (1992).

Speaking Engagements

Presenter, "Major Supreme Court Decisions Impacting Class Actions," Carlton Fields Class Action Symposium, New York, NY (June 2013)
Presenter, “Class Action Removal Standards in Flux,” Strafford Publications, Inc. (July 16, 2009)

Professional Recognition

AV Rated by Martindale-Hubbell
Selected for inclusion in Florida Super Lawyers (2009-2013)

Professional and Civic Activities

American Bar Association, Antitrust and Litigation Sections
Appellate Practice Committee, Subcommittee to Study Circuit Size (1993)
The Florida Bar
Editor, The Florida Bar Journal, Trial Law Column (2005-present)
Antitrust & Trade Regulation Law Certification Committee (2010-2013)
Hillsborough County Bar Association
The Federalist Society, Tampa Bay Lawyers Chapter, Past President
A Woman’s Place Ministries, Past Director and Chairman of Board
The Paideia School of Tampa Bay, Director (2006-present)

News
- 03.28.2013
  
  D. Matthew Allen and Chris S. Coutroulis Quoted in Law360 News Article About Supreme Court’s Antitrust Class Action Ruling
- 03.11.2013
  
  Carlton Fields’ Class Action Lawyers Author Article on Cy Pres Distributions