Sanford stadium section 303 bankruptcy

sanford stadium section 303 bankruptcy

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It was the early s and her father Manuel Morales and mother Bijousa Morales had to rebuild their lives and careers in a new country. In Miami, he found work with another agency, struggling at first as few were able to afford travel. Some ten years after their arrival in the U. They expanded their travel groups to families and adult-only groups all over the word.

Instead, she studied journalism at the University of Miami. In short, you can be a great lawyer and still have a family life.

Along with balancing her legal career and his investments in real estate, the two professionals have raised two sons, Hunter, a student at Florida State University, and John, a junior at Boca Raton High School. Having a strong faith also helps you through difficult times. But if that is not possible, we are well prepared to go to trial. In junior high school, she took part in an oratorical contest sponsored by the local Optimist Club and wound up reaching the state level.

At 13 she began playing tennis with her father, practiced her skills, played as often as possible and began winning tournaments. In , she visited Miami on her spring break, and decided she preferred the South Florida sunshine to the snows of the Midwest. She enrolled at the University of Miami School of Law, where she enjoyed the moot court competitions. After passing the Florida Bar, Schuttler became an assistant city attorney for Miami Beach, where she advised the planning and zoning board.

She also handled high-profile cases, like a lawsuit against Carner-Mason Associates, which had signed an agreement to build and operate a marina on city property but stopped paying rent and had to be evicted in But Schuttler found herself handling more divorce and family law matters, and began focusing her practice in that direction.

I have recommended Holly to friends and they all sing her praises. I was extremely satisfied with the results of the case. Schuttler has also seen a decline in the number of disputes over pre-nuptial agreements. Now, it is much easier to reach agreements on visitation schedules that meet the best interests of the children.

In that role, she has organized several telephone seminars to make it easier for practitioners to learn the latest information in the field without having to travel to an in-person meeting.

In the community, Schuttler has served on the school board for St. Paul Lutheran Church, and the board of Impact , a Palm Beach County philanthropic organization for philanthropic women. As a Miami attorney nationally known for his bankruptcy practice, Singerman regularly counsels clients in deep financial difficulty who are struggling with their emotions of loss and despair.

Taking a pause to acknowledge those feelings and settle the mind can lead to decisions based on clear thinking rather than fear or anger. In addition to being more courteous and less rude, I have gathered more and better data about myself, my counter-party, and the environment around me by observing more intently and interrupting less often.

After graduating from a private boarding school in Michigan in , Singerman enrolled at Washington University in St. Then, his plans took a sudden change. He asked me to go into business with him, and I said yes. They have two children, Eliza, 22 and Rickie, Marte practiced law in Miami for 15 years and now serves as co-founder and general counsel for The Social Cog, a Miami Beach nonprofit that supports adults with learning and developmental disabilities.

She is also a certified yoga and meditation teacher. Singerman steadily grew the office, while building a practice that included distressed businesses, mergers and acquisitions and commercial and bankruptcy litigation.

The new model is to file for bankruptcy and quickly liquidate the assets as retail chains like Sports Authority and Circuit City have done, he said. Reflecting on his three decades of business and legal experience, Singerman believes it is important for attorneys, entrepreneurs and executives to consider.

After reading about the science behind mindfulness, Singerman began his own daily practice and eventually developed an in-house curriculum for Berger Singerman. Being mindful of yourself and others helps you make better decisions about the case, be a more powerful advocate and strengthen your client relationship. Both are board-certified in family law, and are Fellows of the American Academy of Matrimonial Lawyers.

To accommodate the steady growth of their practice the partners recently hired an associate, in addition to the staff of two paralegals and an office manager.

After passing the bar in , he handled litigation for a small South Florida law firm. He became interested in family law after handling a divorce case as a young associate. But he told me that he would rather concentrate on his work, rather than go through a long, emotionally draining trial.

I learned an valuable lesson from him about the importance of resolving divorce cases as smoothly as possible so both parties can move on and get started on a new chapter in their lives.

Eighteen years later, Weintraub joined him as a partner in the firm. Bob was super busy, our daughter was three years old, and I was driving every day from Broward to my firm in Coconut Grove. Teaming up here in Fort Lauderdale was a great move for all three of us. Soon afterwards, she moved to South Florida, in part to be closer to her.

She spent two years practicing marital and family law with a small Miami firm and ten more years with Bluestein and Wayne in Miami. Since , Weintraub has focused solely on marital and family law. Then, they provide legal advice as clients wrestle with far-reaching decisions.

Last year, one of those fiercely contested matters, Hahamovitch v. Hahamovitch, went to the Florida Supreme Court, which made a landmark ruling in regard to prenuptial agreements. Back in , Dianne and Harry Hahamovitch of Palm Beach County signed a prenuptial agreement prior to their marriage. After 22 years of marriage and two children, the couple filed for divorce, and the trial court ruled that the prenuptial agreement was a valid document.

After the first trial, Dianne Hahamovitch engaged Sidweber and Weintraub to address the interpretation of the prenuptial agreement.

With support. However, the Supreme Court ruled that only a broad waiver was needed. As a result of the Hahamovitch ruling, it may now be easier to draft prenuptial agreements, since not every detail needs to be specified. They believe the Legislature will take up the issue again in a coming session, after Gov.

Rick Scott vetoed a controversial overhaul last April, noting it contained. As Fellows in the state chapter of the American Academy of Matrimonial Lawyers, the AAML has provided input into the legislative committee reviewing the alimony statute.

That makes SRHL a special place to work. In , Siegfried passed The Florida Bar and accepted a position with real estate developer and attorney Samuel Schoninger, moving to Miami with his wife and his first two children his third child, Nicholas, is A year later, Siegfried and Schoninger founded the firm, and, as the business warranted it, brought in additional partners, including Oscar Rivera, Lerner and Helio De La Torre. We are proud that many of them remain our clients to this day.

He became a board-certified trial attorney and board certified in construction law. Sobel handles large claims for U.

Through the years, SRHL has handled hundreds of the most complex construction defect matters, ranging from Chinese drywall to roofing, plumbing and elevator problems, as well as post-hurricane insurance claims and rebuilding issues, which implicate the most complicated insurance related issues.

Shareholder Michael L. Hyman began representing community associations in Lerner, considered a leading authority in the field, has served high-rise condo associations and other clients for more than 30 years. She has handled virtually every type of issue that arises in the community association milieu, from drafting governing documents to identifying and implementing solutions for governance, financial and construction issues.

We are also well-versed in handling every aspect of complex transactions and litigation matters. We pride ourselves on the quality and depth of our attorneys, and their ability to provide those necessary skills in all situations.

Since he has represented residential and commercial developers, investment companies, municipalities, lenders and retailers throughout the United States and Latin America. Our goal is to create effective solutions for our clients. Looking at current market conditions,. The residential side is generally slowing well.

Since joining the firm in , her areas of practice include aviation transactions, commercial leasing and real estate transactions and she serves as outside corporate counsel to domestic and international corporations. As a boutique firm committed to excellence, we will continue to deliver that highly personalized service in the future. Weisberg, managing partner, who founded the firm in This is a high-stakes practice.

Kainen, Brielle Mark and Alan Weisberg. IRS, in U. Mark, focuses on counseling U. The OVDP lets you disclose your accounts, pay your taxes and receive a reduced penalty. You will still get credits for taxes paid in that foreign country, but Uncle Sam wants to know everything you made. The partners work closely with certified public accountants CPAs to identify tax issues and potential solutions for their clients.

Then we went to her home and videotaped her in her bedroom. When I showed the tape to the appeals officers, the penalty was dropped. I wanted to represent real people, with real problems. From there, Weisberg entered private practice, joining the tax department of Cunningham and Weinstein. The U. I had. He grew up in Miami Beach, where his mother Sarita was a legal secretary.

He also passed those Spanish language skills to sons Elan and Samuel, and improved the fluency of his wife Deborah. They moved here and married in , and now have two children, Charlotte and Oliver. It was excellent training, but I wanted something more satisfying for my career. He also was the chairman of the Bayfront Park Management Trust. Every day we are faced with a new challenge, and that keeps us growing as lawyers.

These elected officials and the hundreds of attorneys and support staffers in their offices are dedicated to upholding the safety and security of our communities, while protecting individual rights: State Attorney Michael Satz 17th Judicial Circuit, Broward. Overall, Florida has 20 state attorneys — one for each of its 20 judicial circuits. As the chief prosecutor in each circuit, the state attorney is responsible for representing the State of Florida in county and circuit courts.

They handle a wide range of criminal cases, including felonies, misdemeanors and juvenile cases. In addition, they handle some civil cases, including bond validations, contraband forfeitures and injunctions. Supreme Court decision of Gideon v. Wainwright, which established a recognized constitutional right to an attorney for those who could not afford one.

Once the judge determines that a defendant has insufficient funds, the public defender is officially appointed to represent that individual. My sister and her husband, Loretta and Larry Brody, were living in Miami and they graciously let me stay with them while I went to school.

Through the years, he handled numerous high-profile cases, including 10 shooting deaths of Broward police officers. One of many cases that left a deep impression on Satz is a double murder in Deerfield Beach that he prosecuted in Two women employees of a Cloth World store were working with a store maintenance worker, Robert Henry.

A passing bicyclist saw smoke from the windows, but by the time firefighters were able to enter, one woman had burned to. The second woman died several days later after naming Henry as the killer, Satz remembered. Henry was executed in for the murders. Satz has made political corruption a high priority for his office. For example, a young woman from Eastern Europe might be promised a job in the U.

Sexual predators can trap children and young adults and keep them in servitude as sex workers or forced laborers. Satz was instrumental in the passage of laws that provide criminal penalties for drivers who fail to remain at the scene of an accident that results in serious injury or death, and laws that increase penalties for the abuse, neglect and exploitation of elderly persons and disabled adults.

Satz sponsored the first Broward County Elder Abuse and Exploitation Seminar in , and has continued to address crimes against seniors. The state attorney has also supported diversion programs for some non-violent offenders who receive counseling and support services rather than being jailed. These community outreach programs help citizens get their arrest records sealed or expunged.

More than 1, people took part in the five workshops. His hobbies include reading, exercise, philosophy, yoga, and meditation. They handle about 37, cases a year, a substantial drop from the 59, cases a decade ago. His father Maurice was a real estate broker, but Finkelstein gravitated toward social work instead of business.

After passing the bar, he spend three years with the office and seven years in private practice as a partner in Brackey, Finkelstein and Dallas, focusing on the defense of people charged with drug crimes. In that role, he played a pivotal role in initiating the first mental health court in the country and later followed by a felony mental health court.

That pioneering effort grew out of a high-profile case in the late s involving a mentally ill man in his 20s who was hearing voices. The man ran out of a supermarket and knocked down an year-old woman, who fell and died when her head hit the ground. After the man was arrested for murder,.

Finkelstein drove to the family home. The result was a report excoriating HRS for failure to help Floridians with mental health problems. Today, the Broward court is a national model for communities around the country. That step made a big difference in the outcome of many cases. The case was dismissed. Finkelstein said. Police shootings in Ferguson, Baltimore and Chicago, among other cities, have been captured on video, shown on TV and uploaded to social media, sparking outrage in many communities.

In fact, Finkelstein — who plans to leave office after his four-year term ends in — says the next public defender should be a man or woman of color.

Simpson was driving a white Bronco in a slow-motion. Patrick Fraser that airs regularly on Channel 7. Because of her, the poor people of Broward who need a transplant now have an equal chance for a longer life. Along with her work for criminal justice reform, Rundle has personally presented hundreds of murder and capital cases to the Miami-Dade County Grand Jury. She also helped write the Florida Punishment Code, which allowed judges to issue stronger sentences for heinous crimes, and led a successful effort to pass a state constitutional amendment to give local governments the right to insure that gun sales at gun shows do not fall into the hands of criminals and juveniles.

Seeing him provide that assistance inspired me to become a lawyer myself. She wound up earning a post-graduate degree in criminology and her law degree from Cambridge before returning home to Miami. I felt very connected with the mission of the office, took a full-time job, and have stayed there since then. When Janet pushed her concern for the child victims of sexual abuse, some felt such crimes were fiction. Today, we take these important advances for granted, locally and nationally.

This made every traffic stop in Florida an opportunity to provide needy children with their courtordered support. Then we release them on probation and tell them to be good. We need to find a better model for those individuals, their families and our communities. But if that person is arrested again in the future, he is considered a repeat offender and is treated harshly by the legal system.

On the other hand, a defendant who hires a private attorney could go to trial and have arguments made to dismiss the case, Martinez said. He learned the importance of hard work at an early age, as he would mop floors at St.

Martinez credits his parents for his passion for social justice and for helping the poor. Within three years, he was managing six gas stations in Miami-Dade and Broward counties, working full-time to pay for his undergraduate college education. He then enrolled at the University of Miami School of Law, earning his juris doctor in That changed my trajectory from corporate to criminal law.

Several years later, he left to become a deputy public defender in Bellingham, Washington, but returned the next year. As a public defender, I bring that same spirit to our office, where we help people who are less fortunate and whose freedom is in jeopardy. Lewandowski was charged with battery after being accused of grabbing Breitbart reporter Michelle Fields at a campaign rally. He added that politics played no role in how his office approached the case.

As Palm Beach state attorney leading a team of prosecutors and professional staff in five offices, Aronberg has followed a similar approach to felonies as well as misdemeanors.

After earning his juris doctor, he joined Steel Hector and Davis, but as a young associate in a large firm, he spent far more time in the law library than the courtroom. In this non-partisan position, he served in two presidential administrations as a special assistant to the Secretary of the Treasury working on international money laundering cases, including the laundering of terrorist assets. Two years later, Aronberg was elected to the state Senate in a district that ran.

He was its youngest member at the time. Aronberg was reelected in and again in , and served until In the Legislature, Aronberg was a leader in passing new laws regarding opioid abuse, identity theft and port security. Aronberg ran for Florida attorney general in , but lost to Dan Gelber in the Democratic primary.

After Republican Pam Biondi was elected, she hired Aronberg as a special prosecutor for prescription drug trafficking. He has also created innovative diversion programs for first-time DUI and domestic violence offenders. Aronberg has also been successful in staffing the office with talented young attorneys, and enhancing the training program.

To unwind from his courtroom responsibilities, Aronberg enjoys working out at his Crossfit gym and spending time with his wife Lynn and their basset hound Cookie.

In October, law enforcement officials raided Whole Life Recovery, a Boynton Beach treatment center, and arrested its owner and manager on multiple counts of patient brokering, a third-degree felony. Looking ahead, Aronberg says more laws are needed to protect Florida residents from abuses in the drug treatment industry.

In recent years, she has specialized in Florida death penalty litigation, including Hurst v. Florida, a murder case that made it to the U. Supreme Court in after years of trials, sentencing hearings and appeals.

In an decision, the Supreme Court applied the rule in the Ring v. Arizona case, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. In a concurring opinion in the Hurst case, U. Supreme Court Justice Stephen Breyer said he believes that having a single government official impose the death penalty, instead of a jury, violates the Eighth Amendment. In October, the Florida Supreme Court ruled that a death sentence must be issued by a unanimous jury.

The court also granted Hurst a new sentencing hearing. In , she earned a degree in economics and sociology from New College in Sarasota, followed by her juris doctor with high honors from Florida State University College of Law in Clearly, on issues like segregation and civil rights the legal changes came first.

It was also clear to me that the death penalty did nothing to deter crime and should be abolished. Two years later, she moved to West Palm Beach with her husband John Tierney and served as an assistant public defender until , gaining experience in handling misdemeanor, felony and capital cases.

She then went into private practice with her husband for a decade. On the personal side, she enjoys spending time with her husband and their family dogs, as well as horse riding, sport fishing and traveling. Things can get pretty rough for them. Because the penalties for many crimes are steep, her public defenders spend more time digging into their cases in search of the facts.

Like other public defenders and state attorneys, Haughwout sees an unequal application of justice between white and black defendants, as well as between the rich and poor. To take just one example, a poor working-class defendant may not be able to post bond after arrest. We need to address this issue affirmatively. Even if we were able to achieve a color-blind system of justice today, that would not correct the racial disparities of the past.

Our Top Lawyers are nominated by their peers, have extensive experience and a distinguished record of achievement. For each Top Lawyer, we have listed one or two practice areas cross-referenced in our Guide to Practice Areas. We urge you to contact our Top Lawyers to request further information about their credentials, experience and practice areas. Biscayne Blvd. Andrews Ave. Oakland Park Blvd. Family and Marital Bluestein and Wayne, P.

Flagler Dr. Civil Litigation Kubicki Draper N. Sunrise Blvd. Flagler St. Las Olas Blvd. Dixie Hwy. Miami, FL Olive Ave. West Palm Beach, FL Labor and Employment - Plaintiff Donna M. Ballman, P. University Dr. Broward Blvd. Appellate, Insurance Kubicki Draper 25 W. Dadeland Blvd. Walter A. Reynoso is proud to be recognized as a Top Attorney in the Edition of the South Florida Legal Guide and would like to congratulate the other nominees.

To find out more about our AV rated law firm, please visit our website at: www. Black, P. A NE 3rd Ave. Bush, P. Coral Gables, FL Media Greenberg Traurig, P. Bayshore Dr. Government Squire Patton Boggs S. Civil Litigation Kubicki Draper 1 E. Mediation Francis L. Carter, P. Cesarano, P. L S. Federal Hwy. Robert C. Bauroth Nicholas E. Christin Jason A. Glusman Frederick E. Hasty, III A. Scott Lundeen Leslie A. McCormick Jackson F.

Rhys J. Wicker H. Wayne Clark, Jr. With over attorneys, we are a full-service trial firm that handles complex litigation for a broad variety of clients, ranging from multinational corporations to individuals. We strive to establish long-term relationships with our clients built upon a partnership of communication and trust.

We achieve this objective by listening to our clients, understanding their businesses and developing legal solutions to best meet their individual needs. Family and Marital GrayRobinson, P. Le Jeune Rd. Public Finance Greenberg Traurig, P. Hollywood, FL EARL L. Australian Ave. Litigation Greenberg Traurig, P. Dubin, P. Appellate Easley Appellate Practice, P. Appellate Podhurst Orseck, P.

Clematis St. Harold Bluestein, Barry M. Insurance Greenberg Traurig, P. Fields, P. Fiore, P. Banking Greenberg Traurig, P.

Established over four decades ago, the firm continues to practice exclusively in trial and appellate litigation in both federal and state courts. Commercial Blvd. Cypress Creek Rd. Glassman, P. Gold, P. Real Estate Greenberg Traurig, P. Haber, P. Sheridan St. Andrew Needle and Andrew Ellenberg handle catastrophic personal injury and wrongful death cases throughout Florida.

When you, a loved one or someone you know is injured or killed due to poor medical care, a car, truck or plane crash, defective machinery, or an accident on the seas — we are your Florida personal injury experts. Boynton Beach, FL Howe, P. C NE 3rd Ave. Family and Marital Coffey Burlington S. For more information on obtaining full-color reprints from this or other editions, please contact us: info sflegalguide.

Johnson, P. Government Greenberg Traurig, P. Fort Lauderdale, FL Civil Litigation Kelsky Law, P. Pine Island Rd. Kuehne, P. Healthcare Greenspoon Marder Law E. Congratulations to Principals Peter L. Gladstone and Jeffrey A. Weissman on being named Top Lawyers for the ninth and sixth consecutive years, respectively.

Congratulations also to Partner Denise L. Jensen on being named a Top Lawyer for , and to Heather L. Pathman Lewis embraces a results-oriented approach while providing sound legal counsel for clients. The firm is committed to providing practical, common sense and cost effective solutions to pressing business and legal problems. Our firm combines powerful experience with youthful energy to make Pathman Lewis one of the most dynamic and innovative law firms in South Florida.

Bankruptcy Leshaw Law, P. Lubin, P. Civil Litigation Mase S. Insurance Mena Law Firm S. Family and Marital Robert J. Merlin, P. Environmental, Administrative and Regulatory John J. McNally, P. Bankruptcy Messana, P. Palmetto Park Rd. Moody SW Ave. Davie, FL MOSS, A. Medical Malpractice, Mediation Manuel R. Morales, Jr. Aventura, FL Stephanie L. Michael B. Erin C. Divorce, Business, Civil Rights and Family.

View Lawyer Profile. Divorce, Criminal, Domestic Violence and Family. Harold U. Smiley Jr. Wyoming, MI Divorce Attorney with 50 years experience. Christine A. Divorce, Business, Family and Juvenile. Divorce, Business, Domestic Violence and Family.

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South Street Ste. D Kalamazoo , MI Show Preview. After graduating from law school, he relocated to the Tampa Bay region with his family in mid While working in and around Tampa, Brendan worked Claimed Lawyer Profile Social Media. Michael Villar Holland , MI Since entering private practice in , Mr. Villar has participated in numerous high visibility cases throughout Southwest Michigan. Villar for Alana L. I am an attorney who has lived on the west Michigan lakeshore for over 20 years.

My practice focuses on family law, criminal defense, and plaintiff's personal injury cases, including No Fault and third-party auto accident claims.

With respect to adequacy, the court found that the named plaintiff was subject to arguable defenses not applicable to the class as a whole. At his deposition, the named plaintiff indicated that he would have found a way to invest in bitcoin on the exchange even if he had known the bank had stopped processing outbound wire transfers, and if he had withdrawn his investment, he would have done so in bitcoin. That opportunity was not available to members of the proposed class.

Accordingly, the court denied class certification. Williamson v. Gear Co. Judge Staci M. Yandle of the U. District Court for the Southern District of Illinois denied class certification to plaintiffs alleging violations of state law express-and-implied warranty claims, the Illinois Consumer Fraud Act, common law fraud claims, strict liability claims and unjust enrichment.

Instead, the plaintiffs relied on three complaints, none of which mentioned the particular issue the named plaintiffs believed was defective, the O-ring. Teggerdine v. Speedway, LLC , No. May 31, Judge James Whittemore of the U. District Court for the Middle District of Florida declined to certify a class of retail gasoline purchasers alleging that the defendants were negligent by implementing a payment processing program that placed authorization holds on their accounts.

Furthermore, managing the litigation of the various state law negligence claims was not the superior method of litigation. Arthur v. United Industries Corp. May 17, Judge Christina A. Snyder of the U. The plaintiff alleged that the defendant misrepresented that each bottle of concentrate herbicide could be diluted to make a specified number of gallons. The court held that although numerosity was satisfied, the plaintiff and the proposed class members had suffered different alleged injuries.

The plaintiff testified that he mixed the concentrate based on his own calculation and that the resulting solution did not perform as expected. By contrast, the class members allegedly mixed the concentrate according to the instructions and received less spray than advertised. The plaintiff also testified that he had failed to read the mixing instructions on the packaging. Thus, commonality, typicality and adequacy were not satisfied.

The plaintiff also failed to satisfy the Rule 23 b predominance requirements. He did not offer a classwide method of proving that the labeling constituted an actionable misrepresentation and failed to demonstrate reliance, as he had not read the packaging. His failure to read the label also meant he could not establish that material misrepresentations were made to the class members through common proof. The court declined to consider predominance of damages or superiority and adequacy in light of the other Rule 23 shortcomings.

Davidson v. Apple, Inc. May 8, , 23 f pet. Judge Lucy H. Koh of the U. District Court for the Northern District of California declined to certify a class of iPhone 6 and iPhone 6 Plus purchasers asserting claims under various state consumer protection laws for alleged failure to disclose touchscreen defects. The court held that while Rule 23 a was satisfied, Rule 23 b was not. The court also refused to certify a Rule 23 c 4 issues class as to the existence and knowledge of a defect, duty to disclose and other liability issues because adjudication of those issues would not advance resolution, given the inability to prove damages on a classwide basis.

Proctor v. District of Columbia , F. Judge Trevor N. McFadden of the U. It held that the plaintiffs had not adequately shown the class was sufficiently numerous. Though Census data showed about homeless persons in the district, the plaintiffs could not define how many of them lived on federal property and therefore were subject to federal authority; nor could they show how many had been or will be subject to encampment cleanups.

As such, the court found that the plaintiffs had not met their burden under Rule 23 a 1 and denied class certification. Campbell v. National Railroad Passenger Corp. Judge Emmet G. Sullivan of the U. District Court for the District of Columbia denied class certification in this employment discrimination class action against Amtrak. As an initial matter, the court denied certification because all of the putative classes and subclasses were fail-safe classes, consisting by their terms of those employees who had suffered discrimination.

Therefore, if the plaintiffs failed to prove discrimination on the merits, the classes would consist of no members and the defendant would be denied any preclusive effect. The court further concluded that even a properly pleaded class could not satisfy the class certification requirements because the plaintiffs alleged a patchwork of individual acts of discrimination by various supervisors and other employees, rather than a single common policy of discrimination.

For this reason, the case could not provide common answers, and commonality was therefore not satisfied. Herron v. Judge Troy L. Nunley of the U. Andren v. Alere, Inc. The plaintiffs argued that newly discovered facts demonstrated that predominance was satisfied with respect to the learned intermediary doctrine, statute of limitations and damages.

Specifically, the plaintiffs argued that common issues predominated with respect to the learned intermediary doctrine because the defendants failed to warn any physicians about the devices, and the issue was therefore subject to common proof. Craft v. Judge Patrick Michael Duffy of the U. District Court for the District of South Carolina denied class certification in this putative class action alleging construction defects related to the stucco applied to homes.

Moreover, the court found that management difficulties counseled against a finding of superiority, and establishing subclasses and mini-trials would further cause issues. Finally, the court discounted certification of similar cases in South Carolina state court, noting that the South Carolina Rules of Civil Procedure took a more expansive view of class action availability than the federal rules. Accordingly, the court declined to certify the putative class. United States , No. Judge Robert N.

Scola, Jr. Although the court held that the plaintiff met the Rule 23 a requirements, it determined that the case was not suitable as a class action because it failed to satisfy the predominance and superiority requirements under Rule 23 b.

Gorss Motels, Inc. Safemark Systems, LP , No. Judge Gregory Presnell of the U. WHG developed an approved supplier program by which it identified and approved third-party suppliers and service providers, and recommended such suppliers to its franchisees. The plaintiffs received two faxes containing such approved supplier information — one in and one in — and sought to certify two classes, one for each fax that the defendant sent promoting its hotel safety products purportedly in violation of the TCPA.

The court held that the predominance requirement could not be satisfied because determining whether putative class members consented to receiving the faxes would require a series of individual factual determinations. Because the court would need to engage in an individualized inquiry to determine which recipients had consented to the faxes, the court held that common issues failed to predominate and denied class certification.

The plaintiffs recently filed an appeal to the U. Court of Appeals for the Eleventh Circuit. Townsend v. Monster Beverage Corp. Judge Virginia A. Phillips of the U. Thus, the plaintiffs failed to meet their burden to show that whether a reasonable consumer would consider any of the statements material presented a common question. The only admissible evidence addressed damages associated with one of the four statements, and that model was inadequate for several reasons.

Loughlin v. Amerisave Mortgage Corp. Judge Leigh Martin May of the U. The plaintiffs sought to certify two classes in connection with an alleged kickback scheme in violation of the Real Estate Settlement Procedures Act RESPA in which the defendant required customers to use a certain appraisal management company that shared profits with the defendant. One proposed class consisted of customers who did not receive notice of the affiliated business relationship, and the second consisted of customers who received a defective notice.

RESPA does not apply to loans being used for a commercial purpose. Similarly, the court found that the classes could not satisfy the predominance requirement because individualized inquiries predominated over common questions, including whether: a class member received a loan covered by RESPA, the defendant actually referred the class member to the appraisal company, cash-out proceeds were used for a business purpose and damages were offset from reimbursed appraisal fees.

Long v. Chief Judge Thomas E. Johnston of the U. District Court for the Southern District of West Virginia denied certification of a putative statewide class in this case alleging illegal debt collection. The named plaintiff had been a class member in a previous suit making similar allegations against the same defendant and had not opted out of the settlement.

The court ruled that one claim survived summary judgment because a reasonable jury could find that it was premised on actions that post-dated the original settlement. The court then denied class certification on the surviving claim, finding that commonality, typicality and adequacy were not met under Rule 23 a.

Bridge v. Credit One Financial , F. Judge Lloyd D. George of the U. District Court for the District of Nevada declined to certify a putative class action alleging violations of the Telephone Consumer Protection Act and various state consumer laws.

The court identified two questions that would generate common answers, namely whether debt collection calls constituted nonemergency calls and whether the defendant acted negligently or knowingly and willfully toward the class. But the court noted that whether the defendant used an automated telephone dialing system was not a common question due to differences in vendors and equipment used, which would vary as to individual class members and calls.

Finally, the court held that the Rule 23 b 3 requirements were not met, highlighting individualized issues of consent and the difficulty in both managing the class action and identifying the class members.

Ward v. Apple Inc. Judge Yvonne Gonzalez Rogers of the U. Apple did not dispute that the plaintiffs satisfied the threshold requirements of Rule 23 a or the superiority requirement of Rule 23 b 3 but argued that the class definition was overbroad and that the plaintiffs had not established predominance. Usry v. Equity Experts. Chief Judge J.

Randal Hall of the U. Huu Nguyen v. Nissan North America, Inc. District Court for the Northern District of California denied certification of a class of consumers alleging the defendant deceptively sold vehicles with defective transmissions. The court found that predominance under Rule 23 b 3 was not satisfied because the plaintiff failed to provide a damages model susceptible to classwide proof.

The model proposed damages equivalent to the cost to replace the allegedly defective transmission, allegedly representing the difference between the value of the vehicle as represented by Nissan and the value received. Instead, the court noted that class members could have derived additional value from the part by selling it, repurposing it or driving with it before replacing it. Indeed, the evidence showed that the plaintiff drove using the purportedly defective transmission for several thousand miles before replacement.

Thus, under the proposed model, the class members would have received the full benefit of the bargain in addition to the monetary value of the defective part, which was an improper measure of damages. Questions of individual damages would thus overwhelm questions common to the class.

The court also declined to certify a class under Rule 23 c 4 , as proceeding with a classwide liability determination would not address the need for individualized proof of damages.

Belcher v. Belcher , No. June 29, per curiam. The plaintiff alleged that the defendant regularly sent collections requests to consumers threatening to foreclose their homes or charge loan fees.

District Court for the Middle District of Florida recommended that the motion for class certification be granted.

Instead, Judge Porcelli narrowed the class definition to plaintiffs that received written delinquency notices. Because the class members could self-identify to receiving a letter, the modified definition was ascertainable. Judge Porcelli found that the self-identification process and the existing business records of the defendant would allow the court to determine which class members acquired debt for a person, family or household purpose, as required by the FDCPA and FCCPA.

The decision also turned on the Rule 23 b 3 predominance requirement. As a result, Judge Porcelli recommended that the class be certified, and Judge Steven Merryday adopted the recommendation.

First, the judges considered the importance of legal questions in the case. The judges felt that consideration of this issue was more appropriate for a typical appeal process, not immediate interlocutory review. With the class certification stage being early in the litigation, the judges acknowledged that the record was largely incomplete.

Bradach v. Pharmavite, LLC , Nos. The panel observed that under California law, class members in certain consumer protection class actions are not required to prove individual reliance on allegedly misleading statements, but rather, whether members of the public are likely to be deceived.

The panel remanded to the district court to reconsider the class allegations. Flynn v. July 5, , 23 f pet. Chief Judge Michael J. Reagan of the U. District Court for the Southern District of Illinois granted class certification, in part, to plaintiffs claiming the breach of implied warranties related to purchases of Chrysler vehicles. After dismissing a number of claims on summary judgment, the court analyzed the remaining claims under Rule Both the nationwide and state classes satisfied the requirements of Rule 23 a.

Typicality was also satisfied, as the claims arose from the same practice or course of conduct. The nationwide class, however, did not satisfy predominance because of the differences in state laws that underlay the Magnuson-Moss Warranty Act claims. State laws differed, for example, on requirements for privity and the definition of merchantability. Accordingly, the court granted class certification to the state classes alleging claims of the breach of implied warranties.

Judge James E. Boasberg of the U. District Court for the District of Columbia preliminarily certified a class of asylum seekers for the purpose of adjudicating their motion for a preliminary injunction.

The plaintiffs argued that the Department of Homeland Security DHS had adopted a de facto categorical policy of denying asylum seekers parole while their adjudication was pending, and that this policy contravened internal DHS regulations in violation of the Administrative Procedure Act. First, the court noted that the class certification inquiry was less demanding where, as here, the plaintiffs sought only preliminary certification.

The court further rejected a defense argument that differing motives could defeat commonality because the court did not need to find a common intention in order to certify the class where the plaintiffs alleged violation of a common policy. Finally, the court concluded that the putative class was sufficiently cohesive to be certified to seek injunctive relief under Rule 23 b 2 for largely the same reasons that it had found the prerequisites of Rule 23 a to be met.

Bassett v. Credit Management Services, Inc. June 28, , 23 f pet. Judge Joseph F. Bataillon of the U. On review, the court granted certification to this Rule 23 b 3 class. Accordingly, the court granted class certification. Fitzhenry-Russell v. Pepper Snapple Group, Inc. June 26, , 23 f pet. Magistrate Judge Nathanael Cousins of the U. The court also held that Rule 23 b 3 was satisfied. Individual issues did not predominate because a consumer perception survey showed that Reyes v.

June 26, Magistrate Judge Jonathan Goodman of the U. According to the plaintiff, the defendant dialed wrong numbers using these technologies, in violation of the TCPA. The court held that the requirements of Rule 23 were satisfied.

The court first held that the class was ascertainable and administratively feasible. In support of its motion for class certification, the plaintiff offered an expert, a managing director of a litigation support and data analysis management company who previously acted as a project director for a number of class action administrations. As an initial matter, the court noted that the U. Court of Appeals for the Eleventh Circuit has not addressed whether a fail-safe class could be certified, and there was a split of authority among the circuit courts.

Additionally, the court also held that the class definition did not clearly and neatly fit into the fail-safe class doctrine as to warrant denial of class certification. The court did amend the class definition by excluding class members who received IVR calls, since the plaintiff failed to allege that the defendant called her using this technology. Sears Protection Co. June 25, , 23 f pet. Judge Jorge L. Alonso of the U. District Court for the Northern District of Illinois granted class certification, in part, to plaintiffs alleging that they entered into and paid for appliance-service agreements with the defendants that did not actually cover their products.

The court then granted the motion for class certification, after limiting the temporal component of the proposed class definitions to comport with the relevant statutes of limitations governing the breach-of-contract claims. Predominance was also satisfied for the nationwide class even though the defendants asserted that they had no uniform coverage position because the plaintiffs also submitted evidence supporting their position that the defendants engaged in standardized conduct.

Karpilovsky v. All Web Leads, Inc. Judge Harry D. Leinenweber of the U. The plaintiffs alleged that the defendant marketer operated a website claiming to offer insurance quotes, and that the plaintiffs filled out a quote request and included their cellphone numbers. Boyle v. Progressive Specialty Insurance Co.

June 7, , 23 f pet. Judge Timothy J. Savage of the U. District Court for the Eastern District of Pennsylvania certified a class of drivers alleging that the defendant automobile insurer failed to discount its premiums for vehicles with anti-theft devices, in violation of state law. The court held that commonality was satisfied because common legal issues existed, including whether state law applies only if insureds request the discount and whether the discount applies to passive anti-theft devices.

The court held that typicality was satisfied because the plaintiff and putative class members alike did not receive an insurance discount for anti-theft devices. The court then held that the class met the predominance and superiority requirements of Rule 23 b 3. The court also held that superiority was satisfied because litigation costs would discourage individuals from bringing suit.

Moreover, the criteria to identify class members was objective. Accordingly, the court granted the motion for class certification. Lester v. Pay Car Mining, Inc. June 6, ; T readway v. Bluestone Coal Corp. Berger of the U. It then determined that each of the requirements of Rule 23 a were satisfied, as was Rule 23 b 3. Next, the court held that commonality was satisfied because all proposed class members were laid off from the same mines within the same time frame, and all complained that the termination did not comply with the WARN Act.

Similarly, the court determined that because the plaintiffs and putative class members were employed by a single employer on a single site of employment and have standing under the WARN Act, typicality and adequacy of representation were satisfied. Accordingly, the court certified the classes in both Treadway and Lester.

Lavigne v. First Community Bancshares, Inc. Chief Judge William P.

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