Category Archives Class Certification

In Bilotta v. Citizen’s Information Associates, LLC, Case No.: 13-2811, 2014 WL 2050853 (M.D. Fla. May 19, 2014) (Bilotta v Citizens), the United States District Court for the Middle District of Florida recently denied the plaintiff’s motion for class certification in a putative class action brought against the owners and operators of bustedmugshots.com, mugshotsonline.com, justmugshots.com, mugshots.mobi, and whosarrested.com (hereinafter “the…

The United States District Court for the Southern District of Florida recently joined other courts in holding that a settlement offer to a putative class representative before class certification is sought for all the relief to which the plaintiff is entitled warrants dismissal of the case.  In Barr v. Harvard Drug Group, LLC, Case No.: 13-62019, 2014 WL 2612072 (S.D.…

At Graceland Memorial Park South Cemetery, at least three people could not locate their loved ones’ gravesites without the cemetery staff “probing” into burial sites.  Alderwoods Group, Inc. v. Garcia, 119 So. 3d 497 (Fla. 3d DCA 2013) (Alderwoods v. Garcia).  The three plaintiffs sought to certify a class defined by “all persons with family members buried before 1994 in…

Employers and attorneys alike are carefully monitoring the rising tide of class action litigation related to unpaid internships. Recently, former unpaid interns have filed suit against Fox Searchlight Pictures, producers of “The Charlie Rose Show,” [1] and Hearst Corporation, [2] which publishes the chic woman’s fashion magazine Harper’s Bazaar.  The details of the cases very, but each Plaintiff purports to…

One of the unique issues in class action litigation is determining when, if ever, an absent class member becomes a party.  In Day v. Persels & Associates, LLC, 729 F.3d 1309 (11th Cir. 2013), (Day v Persels) Miranda Day sued several debt management companies on behalf of herself and 125,000 consumers.  Pursuant to 28 U.S.C. § 636(c)(1), Day, the putative…

Although plaintiffs’ counsel is naturally expected to communicate with putative class members, sometimes such communication is improper.  In A.R. ex rel. Root v. Dudek, 2013 WL 5278668 (S.D. Fla. Sept. 19, 2013), the United States District Court for the Southern District of Florida determined that Plaintiffs’ counsel’s and other representatives’ e-mails to putative class members  were not the type of …

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