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 »
The Eleventh Circuit Declares that CAFA’s Amount-in-Controversy Requirement Can Be Satisfied In Declaratory Relief Cases
On February 14, 2014, the Eleventh Circuit Court of Appeals held that the Class Action Fairness Act’s (CAFA) $5,000,000 amount-in-controversy requirement can be satisfied where the plaintiff seeks only declaratory relief. S. Fla. Wellness, Inc. v. Allstate Ins. Co., No. 14-10001, --- F.3d ---, 2014 WL 576111 (11th Cir. Feb. 14, 2014). A dispute arose when South Florida Wellness, a Florida-based healthcare provider, sought payment from Allstate for its treatment of an ... 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 »
SCOTUS Defines “Mass Action”
On January 14, 2013, the United States Supreme Court decided Mississippi ex rel. Hood v. AU Optronics Corp., --- U.S. ---, No. 12-1036. The question presented in that case was whether a suit filed by a state as the sole plaintiff constituted a “mass action” under the Class Action Fairness Act of 2005 where it included a claim for restitution based on injuries suffered by the state’s citizens. Holding it did not, the Court determined that a “mass action” must involve ... 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 »
Class Action Survey: Did Class Action Defense Spending in 2018 Continue its Upward Trend?
Class action spending increased for a fourth consecutive year, to $2.46 billion in 2018, accounting for 11.1% of all litigation spending in the United States, according to the 2019 Carlton Fields Class Action Survey. While the number of companies that reported facing class actions in 2018 dropped slightly to 54%, the average number of matters per company increased from 6.3 in 2017 to 7.8 in 2018. Corporate spending on class actions increased nearly 10% in 2018. Spending ... Keep Reading »
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