The relatively light burden of proving numerosity under Rule 23(a) cannot be satisfied with speculative testimony, even if an expert does the speculating, says the Southern District of Florida. In a putative class action brought for violations of the Telephone Consumer Protection Act, plaintiff sought damages for receiving unwanted advertisements via text message by the defendant’s alert service. Plaintiff moved to certify a class of Florida telephone subscribers who ... Keep Reading »
Court Rejects Two Common Methods of Proving Reliance on Class-wide Basis
Plaintiffs in a securities fraud class action containing over 2,000 individual investors were unable to convince a New York District Court that the reliance element of their claims was susceptible to a common method of proof for all putative class members thereby precluding certification under Rule 23(b)(3). Plaintiffs alleged that defendants misrepresented the involvement a certain individual, known for his investment expertise, would have in the management of their ... Keep Reading »
Putative Class Members Cannot Establish Damages in Dietary Supplement Case
In Moore v. GNC Holdings, Inc., Southern District of Florida Judge Dimetrouleas ordered partial summary judgment in favor of GNC and against the class as to plaintiffs’ damages claims under Florida’s Deceptive & Unfair Trade Practices Act (FDUTPA). While this order does not dispense with all of the claims, it does eliminate any potential monetary award to the class, and limits plaintiffs to injunctive relief. More specifically, despite the court’s finding that ... Keep Reading »