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April 2012


April 12, 2012 9:17 AM | Posted by Morande, Dean | Permalink
In DWFII Corp. v. State Farm Mutual Auto. Ins. Co., No. 11-10162 (11th Cir. Mar. 27, 2012) (unpublished), the Eleventh Circuit upheld the district court’s denial of certification to a purported class of medical providers challenging State Farm’s use of National Correct Coding Initiative edits to determine reimbursement for Personal Injury Protection claims under Florida’s no fault insurance statute. read more
April 11, 2012 5:30 PM | Posted by Tinsley, Katie | Permalink
Can migrant farm workers temporarily employed by a Florida citrus farmer bring a class action against their former employer in Florida? Would the putative class members have Article III standing to pursue a breach of contract and minimum wage claim? read more
April 11, 2012 4:24 PM | Posted by Williams, Amelia | Permalink
In Bush v. Calloway Consolidated Group River City, Inc. d/b/a Five Guys Famous Burger & Fries, Defendant argued that the putative class did not meet the superiority requirement of Rule 23(b)(3) because the defendant’s potential liability for violating the Fair and Accurate Credit Transactions Act (“FACTA”), $100 - $1000 per defendant, could be “enormous and completely out of proportion to any harm suffered by the plaintiff.” 2012 WL 1016871, (M.D. Fla. March 26, 2012). read more
April 11, 2012 3:42 PM | Posted by Koppel, Adam | Permalink
In Leibell v. Miami-Dade County, Nos. 09-1476, 09-683, 2012 WL 716155 (Fla. 3d DCA Mar. 7, 2012), the Third District Court of Appeal affirmed the denial of class certification to a purported class of property owners of the Venetian Islands in Miami challenging the assessment of an annual fee for the privilege of traversing the toll plaza. read more
April 11, 2012 11:34 AM | Posted by Kathryn H. Christian | Permalink
In Gooch v. Life Investors Insurance Company of America, Nos. 10–5003, 10–5723, 2012 WL 410926 (6th Cir. Feb. 10, 2012), the Sixth Circuit noted that the district court improperly applied the "clearly wrong" standard in deciding class certification by assuming the class representative's allegations to be true and resolving all doubts “in the plaintiff's favor” while conducting what it called “[a] limited factual inquiry into the class allegations, including the deposition of the named plaintiff.” read more
April 11, 2012 11:24 AM | Posted by Kathryn H. Christian | Permalink
In Rowling v. Nestle Holdings, Inc., No. 11-2445, 2012 WL 301030 (8th Cir. Feb. 2, 2012), the Eighth Circuit affirmed a district court’s order remanding a putative class action for lack of federal subject matter jurisdiction under the Class Action Fairness Act where the class action complaint contained stipulations indicating the amount in controversy was below the jurisdictional limit. read more
April 10, 2012 5:58 PM | Posted by Katherine Heckert | Permalink
In Coneff v. AT&T Corp., the Ninth Circuit again considered the implications of the recent Supreme Court case, AT&T Mobility, Inc. v. Concepcion, to determine whether the Federal Arbitration Act preempted state law in Washington. Find out what the court found, after the jump. read more
April 10, 2012 5:43 PM | Posted by Katherine Heckert | Permalink
In Janis v. Health Net, Inc., the Ninth Circuit Court of Appeals considered whether evidence that evidence of jurisdictional requirements could be considered where the evidence was not submitted at the time the notice of removal was filed.  Find out whether such evidence may be considered, after the jump.  read more
April 9, 2012 10:09 AM | Posted by D. Matthew Allen | Permalink
How detailed must a class certification order be? Can the court essentially “punt” on describing the class or defining the class issues to be tried? The Seventh Circuit answered those questions in the opinion described below. read more
April 6, 2012 10:07 AM | Posted by D. Matthew Allen | Permalink
Is a law firm seeking a portion of proceeds of a class action settlement a party for purposes of court approval of the attorney fee distribution? The Seventh Circuit says yes. Read on for details. read more
April 4, 2012 10:04 AM | Posted by D. Matthew Allen | Permalink
If a state agency (such as a Department of Education) systematically fails to comply with its statutory obligations, can a class action be used to remedy the failure? It used to be the case that the federal judiciary thought that structural injunctions taking control of executive functions was sensible. But that was then, this is now. What do the courts now think? Read on to find out the Seventh Circuit’s perspective on this policy question. read more
April 2, 2012 10:00 AM | Posted by D. Matthew Allen | Permalink
What happens when a plaintiff seeking class certification moves to exclude a defendant’s expert evidence on Daubert grounds? Can the district court allow the evidence to be admitted and “take it for what it is worth” in deciding the certification question? Read on to see what the Seventh Circuit said about this question. read more