Expect Focus - Volume 1, Winter 2014
In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life...
View ArticleCourts Continue To Wrestle With TCPA Consent
The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phones using automatic telephone dialing systems or prerecorded voice messages absent the called party’s prior express...
View ArticleEleventh Circuit Reverses Mais
In what promises to have significant implications for litigation under the Telephone Consumer Protection Act (TCPA), the Eleventh Circuit Court of Appeals reversed the decision issued by Judge Robert...
View ArticleExpect Focus - Spot The Regulator, Volume IV, Fall 2014
In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...
View ArticleEleventh Circuit Says No to Mooting Class Actions with Individual Offers of...
Serving a Rule 68 offer of judgment for maximum individual statutory damages before the filing of a class certification motion was once a common strategy used to moot putative class actions alleging...
View ArticleTrademarks in Cuba, Successful Whistleblowers, Big Data, Health Care...
IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State...
View ArticleEleventh Circuit Court of Appeals: Warrantless Cell Site Data Constitutional
The U.S. Court of Appeals for the Eleventh Circuit, sitting as a full panel, has ruled that law enforcement may acquire historical cell site data information (i.e., past location information) from...
View Article6th Circuit Rules Prior Express Consent Defeats Mortgagor TCPA Claim Against...
On August 21, the Cincinnati-based United States Court of Appeal for the Sixth Circuit issued its ruling in Hill v. Homeward Residential, Inc., 2015 WL 4978464 (6th Cir. August 21, 2015), and affirmed...
View ArticleFlorida District Court Affirms Bankruptcy Court Bar Order In Favor Of Former...
On September 24, Southern District of Florida District Court Judge James I. Cohn issued an opinion affirming an order approving the settlement of a debtor’s breach of fiduciary duty, corporate waste,...
View ArticleExtensive Changes to the Federal Rules of Civil Procedure
Several significant amendments to the Federal Rules of Civil Procedure took effect Tuesday. They are probably the most wide-ranging set of changes to the rules in more than 20 years. Here are the key...
View ArticleMove Along; Nothing to See in Ninth Circuit’s TCPA Opinion
On February 3, the United States Court of Appeals for the Ninth Circuit issued a decision affirming summary judgment in favor of the defendant on a Telephone Consumer Protection Act (TCPA) claim in...
View ArticleFederal Court Issues $1 Million Contempt Award for Repeated Cell Phone...
On March 18, United States District Judge Ursula Ungaro of the United States District Court for the Southern District of Florida entered an order against a Hong Kong-based company that was improperly...
View ArticleSupreme Court Rules Against Using Settlement Offers to Moot Class Actions
In Campbell-Ewald Co. v. Gomez, a decision released in January, a majority of the United States Supreme Court held that an unaccepted Rule 68 offer of judgment by a defendant cannot moot a putative...
View ArticleNew and Disruptive Technologies: The Care and Feeding of the New Economy...
IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS...
View ArticleSupreme Court’s Spokeo Decision Leaves Questions Unresolved
On May 16, 2016, the Supreme Court issued its decision in Spokeo v. Robins. This had been a closely watched case, as it had the potential to substantially limit federal court jurisdiction in cases...
View ArticleSupreme Court’s Spokeo Decision Leaves Questions Unresolved
On May 16, the Supreme Court issued its Spokeo v. Robins decision. Spokeo was a closely-watched case, as it had the potential to substantially limit federal court jurisdiction in cases where plaintiffs...
View ArticlePrevailing in an Era of Regulatory Enforcement – Balancing Risk and...
IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance - Veil Parted...
View ArticleAre You Prepared for Disruption? New regulations, new challenges and...
- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC Seeks...
View ArticleSpokeo Leaves Lower Courts to Wrangle With Article III Standing Issues
The United States Supreme Court issued its decision in Spokeo, Inc. v. Robins on May 16, 2016. At the time, the degree to which the decision was a punt was somewhat underreported. The five-judge...
View ArticleExpect Focus - Life Insurance: Risky Business, Volume I, March 2017
Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving...
View ArticleEleventh Circuit Deems Voluntary Dismissal of a Coverage Action Sufficient to...
In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly...
View ArticleBlockchain Technology: Inevitable Disruption or Inflated Hype?
The virtual currency Bitcoin has gained notoriety and intrigued entrepreneurs, finance magnates and governments. Lauded and criticized for its ability to offer relatively fast, inexpensive and nearly...
View ArticleDistrict Courts Split On Whether Bristol-Myers Squibb’s Specific Personal...
The ramifications of the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017), remain unsettled....By: Aaron Weiss
View ArticleFood for Thought: A Review of 2018 Litigation
2018 Food Industry Decisions with Bite - Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many...
View ArticleTwo Days in October Result in Two Different Rulings by District Court Judges...
Federal district courts in Florida continue to be at odds over whether a class plaintiff who claims to have suffered a past injury based on a defendant’s violation of the Florida Deceptive and Unfair...
View ArticleFCC Issues Declaratory Ruling Regarding COVID-19-Related Messages
On March 20, 2020, the Federal Communications Commission (FCC) issued a declaratory ruling with respect to the emergency purposes exception of the Telephone Consumer Protection Act (TCPA)....By: Aaron...
View ArticleAre COVID-19 Business Interruption Claims Appropriate for a Coverage Class...
Over the last few weeks, a tsunami of lawsuits has been filed in many states alleging a variety of issues related to the global COVID-19 pandemic....By: Aaron Weiss
View Article[Video] WEBINAR: COVID-19 Insurance Coverage Class Actions
Over the last month, there have been numerous lawsuits across the country by policyholders seeking insurance coverage for losses they claim are resulting from the COVID-19 pandemic. In the last two...
View ArticleBar Orders Must Be Integral To Settlement in Order To Be Essential
Bar orders have been a useful tool in resolving various types of litigation. These include claims against companies that are in bankruptcy or receivership....<BR />By: <a...
View ArticleA Look at Amendments to Local Rules for Southern and Middle Districts of Fla.
The local rules for the Southern District of Florida were amended effective Dec. 1, 2020. Also, there are several amendments to the local rules for the Middle District of Florida that will go into...
View ArticleArticle III and Rule 23: Do We Stand Together or All on Our Own?
On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit’s decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted...
View ArticleShould Defendants Seek Stays of Class Actions Pending the Supreme Court’s...
On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit's decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted...
View ArticleMore Is Not Merrier: Eleventh Circuit Sends Message to Debt Collectors Using...
The Eleventh Circuit’s decision in Hunstein v. Preferred Collection & Management Services Inc. has already changed the status quo in the debt collection industry, as the court itself predicted....
View Article[Video] CF on Cyber: An Update on the Florida Security of Communications Act...
Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books...
View Article[Video] CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
On June 29, Gov. Ron DeSantis signed into law a bill enacting substantial changes to the Florida Telemarketing Act, which are effective July 1, 2021. In this podcast, Carlton Fields shareholders Aaron...
View ArticleWisconsin Federal Court Finds That “Inadequate Consideration” Carve-Out Bars...
In Joy Global Inc. v. Columbia Casualty Co., Judge Lynn Adelman of the Eastern District of Wisconsin addressed whether certain shareholder claims fell under a carve-out of coverage for “inadequate...
View ArticleTime to Fight Back – How Wireless Providers Should Leverage a Federal...
A Texas federal grand jury recently returned an indictment charging 101 individuals in a transnational cellphone trafficking conspiracy responsible for stealing more than 70,000 devices worth nearly...
View ArticleResolving When Fla. Consumer Statute Gives Cos. Standing
In his iconic song, Ben E. King proclaimed that his darling could "Stand By Me." While it may seem far afield, the famous refrain from the song helps frame the questions around whether a business has...
View ArticleFlorida Supreme Court Weighs in on Delegation Language in Arbitration...
On March 31, 2022, the Florida Supreme Court issued a 6-1 decision in Airbnb Inc. v. Doe that resolved a split among Florida state appellate courts as to how specific a delegation of arbitrability must...
View ArticleThe Latest on Cy Pres: As Gorilla Monsoon Said… Close Only Counts in...
The term cy pres comes from the Norman French expression “cy près comme possible,” which means “as near as possible.” As part of a class action settlement, parties frequently establish a cy pres fund...
View ArticleEleventh Circuit Affirms Class Certification and Settlement in “Factually...
Twelve years after it started, the saga of RBC Bank’s alleged improper assessment and collection of overdraft fees appears to have come to an end. In affirming the district court’s certification of the...
View ArticleEleventh Circuit Addresses Potential Conflict Between FDCPA and TILA, Holds...
On July 1, 2022, the Eleventh Circuit Court of Appeals issued a published decision in Lamirand v. Fay Servicing LLC that addressed an asserted conflict between the Fair Debt Collection Practices Act...
View ArticleSeeking Clarity On Medical Privacy In Fla. Class Actions
While not unheard of, class actions against medical service providers that relate directly to the provision of medical treatment are uncommon. However, class actions are frequently filed in Florida...
View ArticleFitting a Square Plaintiff Into a Circle Class? No Can Do Says Florida...
A recent decision issued by Chief Judge Timothy J. Corrigan of the Middle District of Florida highlights a straightforward yet consequential class action principle: a plaintiff cannot serve as a class...
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View ArticleHow Courts Are Deciding Standing In Fla. Robocall Cases
There is a continuing question regarding Article III standing for cases brought under the federal Telephone Consumer Protection Act in Florida. To give the very quick recap: In 2019, the U.S. Court of...
View Article[Webinar] Website Tech Fueling Privacy Litigation: How to Reduce Your Risk -...
Website technologies (such as cookies, session-replay software, and other tools) are fueling a rise in privacy class actions and drawing regulators’ scrutiny. Plaintiffs’ attorneys are pursuing these...
View ArticleHow Fla. Amendment Changes the State's Mini-TCPA
Last month, Gov. Ron DeSantis signed H.B. 761/S.B. 1308, a law that will amend the Florida Telephone Solicitation Act. Reports of the FTSA's death cannot be exaggerated. As I will discuss below, while...
View ArticleFCC Notice Of Inquiry Highlights AI Robocall Concerns
In an iconic scene from "Terminator 2," Arnold Schwarzenegger's good Terminator perfectly impersonates Edward Furlong's voice in a test to see if the teenager's house was under siege by Robert...
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