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Eleventh Circuit Holds Rule 23 Trumps State Law Precluding Private Class Actions | Classified
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Eleventh Circuit Holds Rule 23 Trumps State Law Precluding Private Class Actions. July 29, 2015. By Jaret J. Fuente. The Alabama Deceptive Trade Practices Act’s. ADTPA) restriction on private class actions does not apply in federal court. Federal Rule 23 controls. That’s what the Eleventh Circuit recently held, relying on. Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co. 559 US. 393, 130 S. Ct. 1431, 176 L.Ed.2d 311 (2010). Plaintiff filed a class action in federal court (pursuant to CAFA.
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Party Waived Right to Compel Arbitration by Waiting to Raise the Defense Until After Class Certification and Shortly Before Trial | Classified
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Party Waived Right to Compel Arbitration by Waiting to Raise the Defense Until After Class Certification and Shortly Before Trial. July 8, 2015. By Thaddeus Ewald and Kristin Ann Shepard. After two years of litigation and extensive pretrial discovery, the Tenth Circuit held that cable company Cox Enterprises had waived its right to compel arbitration. The court applied circuit precedent from. Peterson v. Shearson/Am. Express, Inc. No 14-6158 (10th Cir. June 24, 2015). Laquo; Previous Article. Certificati...
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Seventh Circuit Applies “Weak” Ascertainability Requirement, Splits From Third and Eleventh Circuits | Classified
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Seventh Circuit Applies Weak Ascertainability Requirement, Splits From Third and Eleventh Circuits. August 12, 2015. By Ben V. Seessel. A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a heightened ascertainability. Requirement under Rule 23(b)(3). In. Mullins v. Direct Digital. The panel was particularly concerned with the effect of the Third and Eleventh Circuit’s application of the ascertainability requirement on cases involving low cost ...
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Representative Action Under California’s Private Attorneys General Act Not Waived Through Employment Agreement’s Arbitration Provision | Classified
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Representative Action Under California’s Private Attorneys General Act Not Waived Through Employment Agreement’s Arbitration Provision. August 5, 2015. By Clifton R. Gruhn. And Ben V. Seessel. The Central District of California held that a waiver of representative actions in an employment agreement’s. Provision did not preclude a former employee from pursuing in court a claim under California’s Private Attorneys General Act of 2004. AT&T Mobility LLC v. Concepcion. Laquo; Previous Article. Rice Capades: ...
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Classified: The Class Action Blog
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Court Orders Additional Notice to Class Regarding Counsel’s Request for Fees Based on Work Performed Following Initial Fee Award. July 6, 2016. By Clifton R. Gruhn. And Ben V. Seessel. Another One Bites the Dust: Maryland Federal District Court Dismisses Putative Data Breach Class Action for Lack of Standing. June 29, 2016. By Paul G. Williams. And Kristin Ann Shepard. Illinois District Court Holds CAFA and Diversity Both Provide Federal Jurisdiction Over Class Actions. June 1, 2016. The Southern Distric...
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Classified: The Class Action Blog
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Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle. September 1, 2016. By Paul G. Williams. And Kristin Ann Shepard. No Repose for Debate on Applicability of American Pipe Tolling. September 1, 2016. By Amy Lane Hurwitz. And Gary M. Pappas. Seventh Circuit Strikes Again Rejects Settlement In Shareholder Deal Litigation. August 31, 2016. By Gary M. Pappas. And David E. Cannella. Third Circuit Rejects Inflated-Value Theory of Damages, Declines to Certify Law School Tuition Class. Relying on t...
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All Topics | Classified
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Consumer Finance and Banking. Labor, Employment and ERISA. Striking of Class Allegations. Federal Circuit Courts of Appeal. United States Supreme Court. Appellate & Trial Support. Our Class Action Experience. Classified: The Class Action Blog. X000A9; 2014–2016 Carlton Fields Jorden Burt, P.A. Carlton Fields. Receive articles straight to your inbox, every Friday at 8 am.
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Event: DRI Class Actions (July 23-24, 2015) | Classified
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Event: DRI Class Actions (July 23-24, 2015). July 15, 2015. By Julianna Thomas McCabe. DRI will be hosting. Class Actions: Latest Developments in Law and Practice. July 23-24, 2015 at the JW Marriott in Washington, D.C. To register and learn more, visit DRI.org. Laquo; Previous Article. Ninth Circuit Finds Local Controversy Exception to CAFA. Next Article ». Eleventh Circuit Holds Rule 23 Trumps State Law Precluding Private Class Actions. About Julianna Thomas McCabe. Consumer Finance and Banking. Classi...
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Contributors | Classified
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Gary M. Pappas. David E. Cannella. Jaret J. Fuente. Clifton R. Gruhn. Jacob R. Hathorn. David L. Luck. Brian P. Perryman. Christine A. Stoddard. Paul G. Williams. National Class Actions Practice Leader. Appellate & Trial Support. Our Class Action Experience. Classified: The Class Action Blog. X000A9; 2014–2016 Carlton Fields Jorden Burt, P.A. Carlton Fields. Receive articles straight to your inbox, every Friday at 8 am.
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Western District of Missouri Declines to Deliver Certification in Class Action Based on Alleged Newspaper Subscription Overcharges | Classified
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Western District of Missouri Declines to Deliver Certification in Class Action Based on Alleged Newspaper Subscription Overcharges. August 10, 2015. By David L. Luck. Second, as to the remaining representative plaintiffs (a couple who shared one account subscription to the Kansas City Star), typicality, commonality, and predominance were lacking for at least two reasons:. Finally, the court relied on a decision recently discussed on. Classified: The Class Action Blog. Perras v. H&R Block. Laquo; Previous...