August 2012

August 27, 2012 3:20 PM | Posted by Morande, Dean | Permalink
The Eleventh Circuit in Pendergast v. Sprint, No. 09-10612 (11th Cir. Aug. 20, 2012), upheld Sprint’s class action waiver without resorting to an analysis of whether the waiver is unconscionable under Florida law or if it frustrates the remedial purposes of the Florida Deceptive and Unfair Trade Practices Act. This was so because, according to the Court, “to the extent Florida law would invalidate the class action waiver, it would still be preempted by the FAA” [Federal Arbitration Act]. read more
August 22, 2012 7:08 PM | Posted by Cheek, Christopher | Permalink
In Frederick v. Hartford Underwriters Ins. Co., 683 F.3d 1242 (10th Cir. 2012), the Tenth Circuit decided to apply a preponderance of the evidence standard for proving the amount in controversy when presented with a class action plaintiff who requested damages below the jurisdictional minimum. read more
August 17, 2012 9:30 AM | Posted by Clark, Johanna | Permalink
Judge Moody of the Middle District strikes class action allegations again stating, "[w]here the propriety of a class action procedure is plain from the initial pleadings, a district court may rule on this issue prior to the filing of a motion for class certification." read more
August 16, 2012 4:02 PM | Posted by Tinsley, Katie | Permalink
Class certification denied where fact finder would have to engage in a file-by-file review based on Texas title insurance company's ad hoc policy to determine whether putative class members qualified for a mandatory title insurance premium discount. read more
August 15, 2012 6:15 PM | Posted by Roberts, Joshua | Permalink
Back in April, we previously blogged about Ross v. RBS Citizens, N.A., where the Seventh Circuit affirmed certification of a class action in a wage-and-hour case after finding that the conditions of Rule 23(c)(1)(B) had been met.  Well, RBS has refused to throw in the towel... read more
August 4, 2012 11:28 AM | Posted by Kaufman, Avi | Permalink
In Stillion v. United Bank, Inc., Nos. 09-MD-02036-JLK, 1:11-CV-21472-JLK (S.D. Fla. July 25, 2012), a banking overdraft case filed in the Southern District of West Virginia before being transferred to the Multi District Litigation in Florida, the court evaluated the sufficiency of the defendants’ evidence establishing the applicability of three possible exceptions to subject matter jurisdiction under the Class Action Fairness Act.
read more