Menu

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.

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.

Experience

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.

Search our interactive Class Actions Experience Map by region, federal courts, state courts, keyword, and industry.

 

All Insights

From COVID-19 to Defense Strategies: The Latest Class Action Trends

From COVID-19 to Defense Strategies: The Latest Class Action Trends

July 6, 2020

Carlton Fields' ninth annual Class Action Survey provides an overview of important issues and practices related to class action matters and management.

COVID-19 Insurance Coverage Class Actions

COVID-19 Insurance Coverage Class Actions

April 27, 2020

Over the last month, there have been numerous lawsuits across the country by policyholders seeking insurance coverage for losses they claim are resulting from the COVID-19 pandemic.

Reporting for Work

Reporting for Work

March 24, 2020

New Wave of Deaf and Blind Californians Suing Websites

New Wave of Deaf and Blind Californians Suing Websites

January 23, 2020

Is your website suitable for the blind or deaf? If not, you may well be sued in California even though your business is elsewhere.

A Dart Across the Bow

A Dart Across the Bow

October 30, 2019

Florida Court Peels Away Deceptive Label, Increasing Exposure in Class Actions

Florida Court Peels Away Deceptive Label, Increasing Exposure in Class Actions

September 23, 2019

A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels. This client alert discusses the Florida appellate court’s decision and its impact on businesses.

Carlton Fields Defends Transamerica in Putative Class Action Involving Long-Term Care Insurance

Carlton Fields Defends Transamerica in Putative Class Action Involving Long-Term Care Insurance

May 10, 2019

The judgment was an appropriate and significant win for the insurance industry.

Food for Thought: A Review of 2018 Litigation

Food for Thought: A Review of 2018 Litigation

April 9, 2019

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others relate to summary judgment.

Be Prepared for the Next Wave of Biometric Data Laws: Five Tips for Businesses

Be Prepared for the Next Wave of Biometric Data Laws: Five Tips for Businesses

March 20, 2019

Advancements in technology have made it possible for more companies to use biometric data to streamline their business, improve security and workplace efficiency, and offer new services and features to customers.

Class Certification Denied in Suitability Class Action

Class Certification Denied in Suitability Class Action

December 18, 2018

The Southern District of New York recently declined to certify a class in a suit relating to investments in certain closed-end mutual funds, holding that individual questions overwhelmed the class-wide questions in contravention of the typicality and predominance requirements of Federal Rule of Civil Procedure 23.

 Food for Thought: Does Cheez-It Decision Establish a Concerning Precedent for Packaged-Food Makers?

Food for Thought: Does Cheez-It Decision Establish a Concerning Precedent for Packaged-Food Makers?

December 11, 2018

In its newest opinion addressing class action claims related to allegedly misleading labels, the Second Circuit Court of Appeal vacated a decision from the Eastern District of New York granting the defendant’s motion to dismiss – effectively validating the claims for deceptive advertising.

Food for Thought: Ninth Circuit Reverses Dismissal of Putative Class Action Alleging Misleading Label on Kroger Bread Crumbs

Food for Thought: Ninth Circuit Reverses Dismissal of Putative Class Action Alleging Misleading Label on Kroger Bread Crumbs

October 14, 2018

In Hawkins v. The Kroger Company, the Ninth Circuit Court of Appeals reversed the district court’s dismissal of the plaintiff’s putative class action alleging that the defendant, The Kroger Company, sold Kroger Bread Crumbs with packaging that included misleading labels.

Food for Thought: Plaintiff’s Claim Still Has Some Muscle – Ninth Circuit Reverses Class Action Against Protein Powder Manufacturer Alleging Source of Protein Was Misrepresented

Food for Thought: Plaintiff’s Claim Still Has Some Muscle – Ninth Circuit Reverses Class Action Against Protein Powder Manufacturer Alleging Source of Protein Was Misrepresented

October 12, 2018

The Ninth Circuit Court of Appeal reversed an order from the Northern District of California that dismissed an action against defendant MusclePharm Corporation alleging false or misleading statements.

Even Disclaiming ‘Magic Words’ Won’t Save Plaintiffs from SLUSA Preclusion

Even Disclaiming ‘Magic Words’ Won’t Save Plaintiffs from SLUSA Preclusion

October 1, 2018

In 2016, a putative class action lawsuit was filed in California state court on behalf of all persons over the age of 60 who were issued a variable annuity policy by defendants within the state.

Food for Thought: Fast-Track to Trans Fat Removal Not Required for “Fast Bites”

Food for Thought: Fast-Track to Trans Fat Removal Not Required for “Fast Bites”

August 10, 2018

The Ninth Circuit, in an unpublished opinion, affirmed the lower court’s decision dismissing the lawsuit against a manufacturer of frozen foods because the allegations did not establish that the manufacturer acted unlawfully, unfairly or fraudulent.

Seventh Circuit Approves Cy Pres Settlement

Seventh Circuit Approves Cy Pres Settlement

August 8, 2018

The case arose out of a million phone calls made to consumers throughout 2011 and 2012 in which people were offered a chance to go on a free cruise if they agreed to participate in a political survey.

Key Contacts

Other Team Members

Gary L. Sasso

Gary L. Sasso

President and Chief Executive Officer

Featured Insights

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.