40 Cited authorities

Wal-Mart Stores, Inc. v. Dukes
564 U.S. 338 (2011) Cited 6,620 times 504 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”
Comcast Corp. v. Behrend
569 U.S. 27 (2013) Cited 2,223 times 232 Legal Analyses
Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,839 times 14 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Vega v. T-Mobile USA, Inc.
564 F.3d 1256 (11th Cir. 2009) Cited 791 times 24 Legal Analyses
Holding that to prove the existence of a contract, a plaintiff must plead, among other things, "sufficient specification of the essential terms."
Rollins v. Butland
951 So. 2d 860 (Fla. Dist. Ct. App. 2007) Cited 531 times 6 Legal Analyses
Holding that a private individual seeking a consumer claim for damages under FDUTPA has to prove actual damages
Prado-Steiman v. Bush
221 F.3d 1266 (11th Cir. 2000) Cited 501 times 1 Legal Analyses
Adopting a balancing approach with guidance from Blair and Mowbray and adding two additional "guideposts": the nature and status of the litigation and the likelihood that future events would make immediate review more or less appropriate
Wooden v. Board of Regents of the University System of Georgia
247 F.3d 1262 (11th Cir. 2001) Cited 356 times
Holding that a denial of class certification should be vacated and remanded "to the extent it turned on the [incorrect] notion that Green could not serve as a class representative"
Rutstein v. Avis Rent-A-Car Systems, Inc.
211 F.3d 1228 (11th Cir. 2000) Cited 346 times 4 Legal Analyses
Holding that the issue of whether or not the defendant had a policy of discrimination did not predominate over the specific factual and legal issues as to whether each individual class member was harmed by the alleged conduct
Carriuolo v. Gen. Motors Co.
823 F.3d 977 (11th Cir. 2016) Cited 215 times
Holding that plaintiffs "need not show actual reliance on the representation or omission at issue," even when causation is an element
Brown v. Electrolux Home Prods., Inc.
817 F.3d 1225 (11th Cir. 2016) Cited 166 times 4 Legal Analyses
Holding that it is improper for a district court to accept the allegations in a plaintiff's complaint as true at the class certification stage and that if a question of fact or law is relevant to the determination of whether the requirements of Rule 23 have been satisfied, "then the district court has a duty to actually decide it and not accept it as true or construe it in anyone's favor"
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,840 times 1232 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"
Rule 1006 - Summaries to Prove Content
Fed. R. Evid. 1006 Cited 1,734 times 6 Legal Analyses
Allowing a "summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court."

Blobner v. Artemis Marketing Corp. et al

40 Cited authorities

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”

Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that to prove the existence of a contract, a plaintiff must plead, among other things, "sufficient specification of the essential terms."

Holding that a private individual seeking a consumer claim for damages under FDUTPA has to prove actual damages

Adopting a balancing approach with guidance from Blair and Mowbray and adding two additional "guideposts": the nature and status of the litigation and the likelihood that future events would make immediate review more or less appropriate

Holding that a denial of class certification should be vacated and remanded "to the extent it turned on the [incorrect] notion that Green could not serve as a class representative"

Holding that the issue of whether or not the defendant had a policy of discrimination did not predominate over the specific factual and legal issues as to whether each individual class member was harmed by the alleged conduct

Holding that plaintiffs "need not show actual reliance on the representation or omission at issue," even when causation is an element

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"

Allowing a "summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court."