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SCOTUS Accepts Certiorari to Address Article III Standing in “No-Injury” FCRA Class Action

by Jaret J. Fuente, D. Matthew Allen and Gary M. Pappas

On April 27, the Supreme Court accepted certiorari review in Spokeo, Inc. v. Robins, 13-1339, to address whether consumers can establish Article III standing without actual harm or injury, by alleging a violation of a federal statute. "Spokeo is a people search engine that organizes White Page listings, Public Records and Social Network information to help you safely find and learn about people." Robins filed a putative class action against Spokeo, alleging it is a ... Keep Reading »

Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice

by D. Matthew Allen and Jaret J. Fuente

Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period.  The plaintiffs alleged that the defendant acted unfairly by distributing a product highly susceptible to theft without taking remedial steps such as notifying owners of the potential risk, in violation of Florida’s Deceptive and Unfair Trade Practices Act “(FDUTPA”). The trial court ... Keep Reading »

Supreme Court Accepts Certiorari In CAFA Removal Case

by Jaret J. Fuente and D. Matthew Allen

On April 7, 2014, the Supreme Court accepted certiorari review in Dart Cherokee Basin Operating Company LLC v. Owens, No. 13-719, to resolve a circuit split regarding whether the Class Action Fairness Act requires a removing defendant to submit evidence in support of removal at the time of the notice of removal or whether evidence can be submitted later in response to a motion to remand. The United States District Court for the District of Kansas remanded a putative ... Keep Reading »

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