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 »
Federal District Courts Class Action Articles
The latest class action developments and trends in Federal District Courts, including news, key cases, and strategies.
Putative Nationwide Class Of Car Dealers Turns Out To Be A Lemon – Individualized Issues Preclude Certification
The U.S. District Court for the Northern District of Georgia denied plaintiffs’ motion for nationwide class certification because the proposed class did not meet Rule 23’s commonality or predominance requirements. The putative class plaintiffs had entered into agreements granting them rights to distribute the defendant’s cars in the United States. The plaintiffs had paid the defendant’s “application” fees and, in some instances, prepared dealerships to receive new ... Keep Reading »
Monitor what? Another medical monitoring development in the Spray Polyurethane Foam Insulation Products Liability Litigation
On January 31, 2014, the Middle District of Florida dismissed, without prejudice, a medical monitoring claim in a spray polyurethane foam (SPF) insulation products liability class action. Gibson v. LaPolla Indus., Inc., et al., No. 6:13-cv-646-Orl-36KRS (Dkt. 48). The court held that the plaintiffs did not “specify any single serious condition or even reasonably specific group of serious conditions that they are at a significantly increased risk of contracting as a ... Keep Reading »
No Nationwide Standing for Florida-Based Spray Polyurethane Foam Insulation Litigation Class Representative
On December 9, 2013, the Southern District of Florida in Renzi v. Demilec (USA) LLC, et al., No. 9:12-cv-80516-KAM, granted Spray Polyurethane Foam “(SPF”) insulation manufacturer Demilec’s motion for partial summary judgment on class representative Renzi's claim for "violation of consumer protection acts." See Renzi (Dkt. 113). Renzi sought relief on behalf of a nationwide class under not only the consumer protection act of Florida, her state of residence, but also ... Keep Reading »
No MDL for SPF, Says the JPML…
On May 30, 2013, the Judicial Panel on Multi-District Litigation ("JPML") heard argument on Florida Spray Polyurethane Foam (“SPF”) Insulation plaintiff Lucille Renzi's motion to transfer all of the SPF insulation product liability lawsuits to the Southern District of Florida, where her lawsuit was pending, for coordinated and consolidated pre-trial proceedings. Renzi asserted that multiple other "substantially similar putative class action[s] involving the same ... Keep Reading »
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