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Class Decertification, Case Law Update – Campbell v. First American Title Insurance Company

A class action is a lawsuit where one or members of a class may sue or be sued as representative parties on behalf of all members. The class action must have the characteristics of commonality, adequacy, numerosity, and typicality. Commonality refers to there being one or more claims common to the entire class. Adequacy refers […]

Arbitration Clause of a Loan Agreement Containing a Class Action Waiver – Not Void as Being Against Public Policy

Baldwin v. Regions Financial Corp., — So.3d —-, 2012 WL 4094147 (Fla. 3d DCA 2012) On September 19, 2012, the District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement containing a class action waiver was not void as being against public policy despite the argument […]

Class Action Certification Under FDUTPA

Miami Auto. Retail, Inc. v. Christine F. Baldwin, No. 3D10-2136 (Fla. 3d DCA June 27, 2012) This case came up on appeal from an order certifying a class of automobile buyers who traded in a vehicle at Miami Auto Retail, also known as Brickell Honda. In the underlying case the plaintiff, Christine Baldwin, purchased a […]