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Lennen et al v. Marriott Ownership Resorts, Inc. et al

MOTION to Certify Class

37 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,683 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. Tyson Foods, Inc. v. Bouaphakeo

    577 U.S. 442 (2016)   Cited 1,197 times   80 Legal Analyses
    Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim

  3. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,164 times   44 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

  4. Ash v. Tyson Foods

    546 U.S. 454 (2006)   Cited 699 times   7 Legal Analyses
    Holding that decisionmaker’s alleged use of term "boy" to refer to African-American employees was evidence of discriminatory animus

  5. Cooper v. Southern Co.

    390 F.3d 695 (11th Cir. 2004)   Cited 883 times   1 Legal Analyses
    Holding that an employee's conclusory testimony based on her subjective belief could not preclude summary judgment against her

  6. Allison v. Citgo Petroleum Corp.

    151 F.3d 402 (5th Cir. 1998)   Cited 694 times   9 Legal Analyses
    Holding that certification under Rule 23(b) was not appropriate because "plaintiffs' claims for compensatory and punitive damages must therefore focus almost entirely on facts and issues specific to individuals rather than the class as a whole"

  7. Klay v. Humana, Inc.

    382 F.3d 1241 (11th Cir. 2004)   Cited 554 times   5 Legal Analyses
    Holding that where there were variations in state laws precluding a single class of doctors alleging breaches of contract by health maintenance organizations that systematically underpaid physicians for their services, subclasses could be certified covering class members applying the same legal standards

  8. Valley Drug Co. v. Geneva Pharmaceuticals

    350 F.3d 1181 (11th Cir. 2003)   Cited 438 times   6 Legal Analyses
    Holding that the antitrust claims of disparate groups, distributors of vitamins and producers of end-products incorporating vitamins, could not be mixed together where the interests of the class representatives and some class members were " significantly different"

  9. Cox v. Am. Cast Iron Pipe Co.

    784 F.2d 1546 (11th Cir. 1986)   Cited 500 times   1 Legal Analyses
    Holding that "`[a]llegations of similar discriminatory employment practices, such as . . . use of entirely subjective personnel processes that operated to discriminate, would satisfy the commonality and typicality requirements of Rule 23'" (alterations in original) (quoting Carpenter v. Stephen F. Austin State Univ., 706 F.2d 608, 617 (5th Cir. 1983))

  10. Little v. T-Mobile USA, Inc.

    691 F.3d 1302 (11th Cir. 2012)   Cited 213 times   2 Legal Analyses
    Finding that appeal waiver barred postconviction challenge to sentence and additionally finding, "Crawford is procedurally barred from challenging the miscalculation of his sentence for the first time in a motion to vacate"

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,135 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Section 895.02 - Definitions

    Fla. Stat. § 895.02   Cited 97 times

    As used in ss. 895.01 - 895.08, the term: (1) "Beneficial interest" means any of the following: (a) The interest of a person as a beneficiary under a trust established pursuant to s. 689.07 or s. 689.071 in which the trustee for the trust holds legal or record title to real property; (b) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or (c) The interest of a person

  13. Section 895.05 - Civil remedies

    Fla. Stat. § 895.05   Cited 52 times
    Authorizing forfeitures of property

  14. Section 895.01 - Short title

    Fla. Stat. § 895.01   Cited 32 times

    Sections 895.01 - 895.06 shall be known as the "Florida RICO (Racketeer Influenced and Corrupt Organization) Act." Fla. Stat. § 895.01 s. 1, ch. 77-334; s. 2, ch. 79-218. Former s. 943.46.

  15. Section 721.05 - Definitions

    Fla. Stat. § 721.05   Cited 14 times

    As used in this chapter, the term: (1) "Accommodation" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, campground, cruise ship cabin, houseboat or other vessel, recreational or other motor vehicle, or any private or commercial structure which is real or personal property and designed for overnight occupancy by one or more individuals. The term does not include an incidental benefit as defined in this section. (2) "Agreement for deed" means any written contract

  16. Section 721.01 - Short title

    Fla. Stat. § 721.01   Cited 6 times

    This chapter shall be known and may be cited as the "Florida Vacation Plan and Timesharing Act." Fla. Stat. § 721.01 s. 1, ch. 81-172; s. 2, ch. 91-236.

  17. Section 721.03 - Scope of chapter

    Fla. Stat. § 721.03   Cited 4 times

    (1) This chapter applies to all timeshare plans consisting of more than seven timeshare periods over a period of at least 3 years in which the accommodations and facilities, if any, are located within this state or offered within this state; provided that: (a) With respect to a timeshare plan containing accommodations or facilities located in this state which has previously been filed with and approved by the division and which is offered for sale in other jurisdictions within the jurisdictional

  18. Section 721.15 - Assessments for common expenses

    Fla. Stat. § 721.15   Cited 3 times
    Exempting “first mortgagee or its successor or assignee” who acquire title to timeshare unit by foreclosure from unpaid assessments

  19. Section 721.56 - Management of multisite timeshare plans; reservation systems; demand balancing

    Fla. Stat. § 721.56   Cited 2 times

    (1) The developer as a prerequisite for approval of his or her public offering statement filing or his or her phase filing must obtain an affidavit, or other evidence satisfactory to the director of the division, from the component site managing entity containing all of the following: (a) A statement that all assessments on inventory are fully paid as required by applicable law. (b) A statement as to the amount of delinquent assessments existing at the component site, if any. (c) If required by applicable

  20. Section 721.552 - Additions, substitutions, or deletions of component site accommodations or facilities; purchaser remedies for violations

    Fla. Stat. § 721.552

    Additions, substitutions, or deletions of component site accommodations or facilities may be made only in accordance with the following: (1) ADDITIONS.- (a) The timeshare instrument must provide for: 1. The basis upon which new accommodations and facilities may be added to the multisite timeshare plan; by whom additions may be made; and the anticipated effect of the addition of new accommodations and facilities upon the reservation system, its priorities, its rules and regulations, and the availability