Carlton Fields’ Class Action Blog

This blawg provides timely, educational, and thought-provoking information on the latest news and class action developments from federal and state courts—and on class action arbitrations—in the Southeast and across the country. The blog features summaries of recent cases and arbitration decisions, links to class action news stories, and short analysis pieces.

Author: This blawg is written by the following Florida-based Carlton Fields lawyers: partners Matt Allen and Bob Ciotti; and associates Katie Christian, Joanna Garcia, Blaise Huhta, Dean Morande, Kenya Reddy and Fentrice Driskell.

Blawg Related Categories: Alternative Dispute Resolution • Consumer Law • Trials & Litigation • Verdicts & Settlements • 11th Circuit Court • Associate • Partner

Recent Posts from Carlton Fields’ Class Action Blog

Class Action Against Cigarette Manufacturer Not Removable Under Federal Officer Removal Statute
In Watson v. Philip Morris Companies, Inc., 127 S. Ct. 2301 (2007), consumers filed a class action in Arkansas state court claiming that a cigarette manufacturer violated Arkansas unfair business practice laws by advertising…
Classified News: July 3, 2007
Judge overturns $17 million verdict in aftermarket parts class action. Oscar Mayer workers file class action seeking back pay for time spent changing in and out of protective gear. Parmalat to appeal district court’s refusal to dismiss investor…
Claims Based On Section 8 of RESPA Are Too Individualized For Class Treatment
Can a Statement of Policy (SOP) issued by HUD after the district court issued its original certification order be a proper basis for the district court to rethink its initial decision and decertify a class? …
Ten Days Means Ten Days For Interlocutory Appeal Of Certification Decision
What happens when a district court vacates its order denying certification and then reenters that same order so that the plaintiffs can timely file a petition for permission to appeal? After evoking images of an…
Although The Relation Back Doctrine Applied In This CAFA Case, It Did Not Divest The Court Of Federal Jurisdiction
Does the relation back doctrine apply under the Class Action Fairness Act (“CAFA”)? Yes . . . at least in the Southern District of Florida in a decision where Florida law applies. Congress and the Supreme Court…
Lowery's Impact Continues In District Courts
In Constant v. International House of Pancakes, Inc., 487 F. Supp. 2d 1308 (S.D. Ala. 2007), the district court remanded a slip-and-fall case to state court due to the defendant’s failure to establish the…
Federal Court In Georgia Awards Class Counsel Reasonable Attorney's Fee Equal To 55% Of Counsel's Requested Lodestar
The Court thus directed the parties to attempt to agree on a reasonable reduced amount for Class Counsel’s attorney fee. See 2007 WL 2001797, at *2. As a result, the parties agreed that $425,000 was…
Deceptive Settlement Tactics Result in Loss of Arbitration Rights
May a party lose its arbitration rights if it misrepresents the benefits of a proposed class settlement? In Aviation Data, Inc. v. American Express Travel Related Services Co., ~ Cal. App. 3d ~, 2007 WL…
Class-Arbitration Waiver Does Not Violate New Jersey Public Policy
Does a class-arbitration waiver violate New Jersey public policy? Although a New Jersey Supreme Court decision held that a class-arbitration waiver in a consumer arbitration agreement was unconscionable, the federal district court held that this did not…
No Requirement That Arbitrator Hear Absent Class Members On Clause Construction Issue
Must an arbitrator permit absent class members to intervene on the issue of whether an arbitration clause permits class actions? A Connecticut Superior held that no such requirement exists. TES Franchising v. Kastel, ~ A.2d…