TORTS: WRONGFUL DEATH: PRODUCTS LIABILITY: CIVIL PROCEDURE: CLASS ACTIONS: ENGLE OPT OUT PLAINTIFF’S CLAIM BARRED BY STATUTE OF LIMITATIONS: UNRULED UPON MOTION SEEKING READMISSION TO THE CLASS HAD NO EFFECT

Gaff v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D57 (Fla. 1st DCA December 31, 2013)

This is a companion case to Roughton v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D55 (Fla. 1st DCA December 31, 2013)  As in Roughton, the plaintiff, as personal representative of the … Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: TORTS: TORTIOUS INTERFERENCE WITH DEAD BODIES: INTENTIONAL OR RECKLESS INFLICTION OF EMOTIONAL DISTRESS: GROSS NEGLIGENCE: INJUNCTIVE RELIEF: ERROR TO ADOPT PROCEDURE FOR DETERMINING CLASS MEMBERSHIP THAT WOULD IN EFFECT GRANT THE PLAINTIFFS’ CLAIM FOR INJUNCTIVE RELIEF: CLAIM FOR INJUNCTIVE RELIEF BARRED BY RES JUDICATA BASED UPON PRIOR ADMINISTRATIVE ACTION BY DEPARTMENT OF BANKING AND FINANCE: CLAIMS FOR MONETARY RELIEF WERE NOT SUITABLE FOR DETERMINATION BY CLASS ACTION BECAUSE OF THE INDIVIDUALIZED NATURE OF THE CLAIMS

Alderwoods Group, Inc. v. Garcia, ___ So. 3d ___, 38 Fla. L. Weekly D1646 (Fla. 3d DCA July 31, 2013)

Three plaintiffs brought a class action against the owner of cemetery because the cemetery was unable to locate the burial plots of the plaintiffs’ family members.  The plaintiff’s sued for tortious interference with dead bodies, intentional or reckless infliction of … Click To Read Full Case Law Review...

CONSUMER LAW: CLASS ACTIONS: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): FILING A HOSPITAL LIEN DOES NOT CONSTITUTE TRADE OR COMMERCE

Baker v. Baptist Hospital, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1488 (Fla. 1st DCA July 5, 2013)

The plaintiff filed a class action against a hospital, which filed hospital liens in one county for services rendered in another county.  The trial court, on motion for summary judgment, ruled that the practice was unlawful under “a special Click To Read Full Case Law Review...

INSURANCE: TITLE INSURANCE: REDUCED REISSUE RATES; CIVIL PROCEDURE: CLASS ACTION: SUMMARY JUDGMENT

Bleich v. Chicago Title Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly D1231 (Fla. 3d DCA June 5, 2013)

The appellate court affirmed summary judgment for the insurer in a class action lawsuit alleging that it systematically “overcharge[d] for title insurance in mortgage refinance transactions.”  Title insurance premiums are governed by the Florida Financial Services Commission.  A reduced Click To Read Full Case Law Review...

CONSUMER LAW: ARBITRATION CLAUSE WITH CLASS ACTION WAIVER

Citibank (South Dakota), N.A. v. Desmond, ___ So. 3d ___, 38 Fla. L. Weekly D1175 (Fla. 4th DCA May 29, 2013)

Citibank brought “a credit card debt collection action” against the defendant, and the defendant filed a counterclaim for violation of “the Florida Security in Communications Act, Chapter 934, Florida Statutes, by electronically recording conversations with it customers.  Citibank Click To Read Full Case Law Review...