Courts Must Evaluate Unnamed Class Members‘ Standing before Class Certification
Posted on Nov 25, 2019 in Class Actions | Comments Off on Courts Must Evaluate Unnamed Class Members‘ Standing before Class Certification
Courts coping with overbroad class definitions that include uninjured class members have produced a cacophony of opinions. A first question often addressed in these opinions is whether the problem is one of Article III standing or of meeting Rule 23’s class certification requirements, or both. Senior Judge Stanley Marcus’ opinion for the Eleventh Circuit in Cordoba v. DirecTV, LLC,...
Bankruptcy Preemption/Preclusion Defense Does Not Preclude Class Certification in FDCPA/FCCPA Case
Posted on Nov 5, 2019 in Bankruptcy | Comments Off on Bankruptcy Preemption/Preclusion Defense Does Not Preclude Class Certification in FDCPA/FCCPA Case
In an opinion vacating a district court order denying class certification, the Eleventh Circuit held that whether the Bankruptcy Code precludes and/or preempts the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1962 et seq., and the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., raised issues common to all class members. Sellers v....
Class Certification of Florida Deceptive and Unfair Trade Practices Act Claim Affirmed
Posted on May 27, 2016 in Class Actions | Comments Off on Class Certification of Florida Deceptive and Unfair Trade Practices Act Claim Affirmed
On May 17, the Eleventh Circuit decided Carriuolo v. General Motors Co., 2016 WL 2870025 (11th Cir. May 17, 2016), affirming the district court’s partial grant of a motion for class certification. The plaintiffs’ motion in the district court involved four classes relating to four claims, but the district court denied certification of three and only granted class certification of the...
Class Certification Vacated for Lack of Predominance
Posted on May 13, 2016 in Class Actions | Comments Off on Class Certification Vacated for Lack of Predominance
The Eleventh Circuit handed Electrolux a major victory when it vacated the classes certified in Brown v. Electrolux Home Products, Inc., 817 F.3d 1225, a March 21, 2016 opinion authored by Judge William Pryor. The opinion was not an unqualified victory, however, since the court was unwilling to adopt key arguments made by Electrolux and remanded the case for further class...