Practice Areas & Industries: Carlton Fields, P.A.

Practice/Industry Group Overview

Many plaintiffs -- especially those involved with consumer protection, products liability, and antitrust -- are increasingly using state courts to file a burgeoning number of class action lawsuits. For a variety of reasons, Florida is a particular favorite for such suits.

Carlton Fields has been defending class actions for more than 30 years. We understand the unique challenges of class actions. The rules are different. The scope is enhanced. The stakes are higher. So our strategic approach is multidisciplinary -- including skilled and experienced lawyers from throughout the firm, able to deal with any question or situation that may arise.

Speakers and Educators

Our class action attorneys are not only effective litigators, but prolific speakers and writers, as well. They regularly present before such bodies as the ABA Section of Litigation, the National Institute on Class Actions and other ABA and CLE panels. These include a Product Liability Advisory Council panel on proposed changes to Rule 23 moderated by Arthur Miller, and a National Business Issues call-in radio program devoted to class actions.

REPRESENTATIVE MATTERS

Carlton Fields attorneys have represented clients in class actions in a wide variety of subject areas including: consumer fraud, products liability, employment, insurance, securities, antitrust, toxic tort actions, actions alleging breaches of oil leases, construction contracts, real estate contracts, and many more.

Denials of Certification After Litigation (in alphabetical order)

1. In re Agricultural Chemicals Antitrust Litigation, United States District Court, Northern District of Florida. In this action we represented Zeneca, Inc. against alleged antitrust resale price maintenance claims. We were successful in defeating certification. The case is reported at 1995-2 Trade Cas. (CCH) p. 71197 (N.D. Fla. 1995).

2. Ahlborg v. WCI Communities, Inc. , United States District Court, Middle District of Florida, Ft. Myers Division, Case No. 2:00-CV-179-FTM-29D. We represented Watermark Communities Inc. in this action seeking class certification of claims arising out of certain home closing costs. In March 2002, we were successful in obtaining a ruling from the Court that class certification was not proper.

3. Armbrister v. Roland International Corporation, United States District Court, Middle District of Florida, Case No. 84-1115-Civ-T-17. We represented the defendant in this real estate fraud case and obtained an order that class certification was not proper.

4. Ball v. Golf Hosts Inc. , Pinellas County, Florida Circuit Court Case No. 99-7532-CI-015. We represented Starwood and its subsidiary Golf Hosts Inc. in a class action by Condominium unit owners seeking recession of certain rental pool lease agreements. Class action decertified and order affirmed by 2DCA in DCA decision.

5. Blue v. Phillips Petroleum Company, United States District Court, Middle District of Florida, Case No. 78-44-Civ.-T-H. We represented the defendant in this antitrust case and obtained an order that class certification was not proper.

6. Bouchard v. Ryland Homes, Case No. 48-2005-CA-1930 (Orange Cty. Cir. Ct.). We represented the defendant in this action brought by homeowners alleging defective construction and seeking certification of a statewide class of Ryland home buyers. After extensive briefing and a day-long hearing on class certification, the circuit court denied certification in January, 2007.

7. Boyce v. Honeywell, Inc., United States District Court, Middle District of Florida, Case No. 98-989-Civ-T-26A. We were successful in defeating class certification in this employment discrimination case.

8. Brannan v. Lennar Homes, Inc. , Pinellas County, Florida Circuit Court, Case No. 94-1541. We represented the defendant and a class was not certified.

9. Engle v. R.J. Reynolds Tobacco Company, Dade County, Florida Circuit Court. We represent R.J. Reynolds in one of the largest class action lawsuits ever filed. Certification of a nationwide class was reversed on appeal. The Supreme Court affirmed the prospective decertification of the class.

10. Execu-Tech v. Appleton Papers Inc. , 743 So. 2d 19 (Fla. 4th DCA 1999). We represented a manufacturer of thermal fax paper against price fixing allegations. We were successful in defeating certification of the first indirect purchaser class attempted in Florida and in sustaining that decision on appeal. The court of appeal's opinion has been widely cited by other Florida courts and in scholarly literature.

11. In re: Florida Rebar Steel Cases, United States District Court, Middle District of Florida, Case Nos. 74-448-Civ-t-H, 74-475-Civ-T-H, 74-699-Civ-T-H, 75-43-Civ-T-H. We represented the defendant and the class was denied.

12. Ford Motor Company v. Magill, 698 So. 2d 1244 (Fla. 3d. DCA 1997). A putative class action was brought against an automotive manufacturer. Class certification was defeated, and the decision was affirmed on appeal in a reported opinion, which led to the virtual elimination of automotive class actions in Florida.

13. Franklin Square Homeowner's Association, Inc. v. Lennar Homes, Inc. , Pinellas County, Florida Circuit Court Case No. 94-004640. We represent the defendant, and a class was not certified.

14. Gibbs Properties, Inc. v. CIGNA Corporation, 196 F.R.D. 430 (M.D. Fla. 2000). Statewide class action alleging illegal pricing of insurance policies. We served as Florida counsel, with substantial substantive involvement in all matters with national counsel, including argument at class certification hearing. Class certification was denied in a reported opinion.

15. Grimes v. Fairfield Resorts, Inc., United States District Court, Middle District of Florida Case No. 6-05-CV-01061. We represented Wyndham Vacation Ownership, Inc. f/k/a Fairfield, Inc., in this putative class action brought against the timeshare vacation resort company by two disgruntled timeshare owners. The plaintiffs alleged that Fairfield, among other things, committed unfair trade practices in its relations with timeshare owners. The district court denied plaintiffs' motion for class certification, finding irreconcilable conflicts of interest within the putative class, and dismissed the case. The district court's rulings are presently on appeal.

16. Hines v. Philip Morris, Palm Beach County, Florida Circuit Court Case No. CL 01-1882 AD. We represented Philip Morris in an action brought under Florida Deceptive and Unfair Trade Practices Act alleging that the marketing of Light cigarettes was deceptive. Class certification was reversed on appeal. Motions for rehearing and rehearing en banc were denied. Plaintiffs have sought review in the Florida Supreme Court.

17. Houser v. Wachovia Corporation, United States District Court, Middle District of Florida, Case No. *:01-CV-1041-T-17MSS: Shareholders of an acquired bank sued Wachovia claiming Wachovia withheld information affecting the value of the stock Wachovia was offering in the merger. We defeated class certification of all federal claims and obtained dismissal of all state claims as preempted by the federal securities laws.

18. Hudson v. Stauffer, Pinellas County, Florida. Plaintiffs sought to represent former workers at an industrial facility (subsequently declared a Superfund site) who claim they were exposed to hazardous chemicals and who requested medical monitoring. In perhaps the first medical monitoring class action determination in Florida, the Circuit Court denied certification after a three-day evidentiary hearing in a comprehensive 111-page order.

19. Jester v. Toys "R" Us, Pinellas County, Florida, Circuit Court Case No. 93-4560-CI-015. The class alleged that Toys "R" Us taxed coupon items were allegedly not taxable. We were successful in defeating certification.

20. Jim Moore Insurance Agency, Inc. v. State Farm, Southern District, Fla. Case No: 02-80381-Civ-Hurley. We represented State Farm in this action brought by agents concerning flood insurance policies. Class certification was denied and is presently on appeal after trial resulted in a judgment for the defendant.

21. Jones v. Bayer Corp. , Dade County, Florida, Circuit Court Case No. 95-10489-CA-02. We represented a manufacturer of hemophilia treatment in this case. Persons with hemophilia alleged that the defendants' product gave class members HIV. The court orally announced that class certification would be denied. Subsequently, the case settled as part of a nationwide settlement.

22. Kearney v. Federal Deposit Insurance Corporation, United States District Court, Middle District of Florida, Case No. 88-365-Civ-T-13B. We represented the FDIC in opposing the class in this case. No class was certified.

23. Kettlety v. Prudential Property and Casualty Insurance Company, Florida 20th Judicial Circuit, No. 005272-CA. Plaintiff brought a class action asserting illegal charges for installment premium payments under Florida law. We represented the defendant, and obtained dismissal of the case with prejudice before class certification.

24. In re Long Distance Telephone Litigation, Case No. CV 97-C-0668-S (N.D. Ala.). Allegations involved consumer fraud by telephone "slamming." Our client was a billing and collections clearinghouse for long distance service providers. After an evidentiary hearing in the spring of 2001, the district court denied class certification from the bench.

25. Menendez v. First Union Corporation, United States District Court, Middle District of Florida, Tampa Division, Case No. 95-1410-CIV-T-25A. Allegations involved securities fraud and RICO violation. We successfully defeated class certification, obtained summary judgment or partial summary judgment against the remaining claims of the individual plaintiffs, and enabled the defendants to settle what was left of the individual claims of three named class representatives for a modest sum.

26. Mills v. Stauffer Chemical Co., Case No. 97-1197-CIV-T-24A (M.D. Fla. May 12, 1999). A group of property owners who lived near a Superfund site sought to certify personal injury, property damage, and medical monitory classes. We were successful in defeating class certification.

27. Montgomery, Jr. v. The New Piper Aircraft, Inc., United States District Court, Southern District of Florida, Case No. 00-14284 Civ-Roettger. We represented Textron/Lycoming in this Florida Deceptive and Unfair Trade Practices Act action in which the plaintiff alleged that the defendants made fraudulent misrepresentations regarding an airplane engine's maximum service time. The magistrate judge's recommendation that certification be denied was approved by the District Court Judge in an important opinion clarifying the scope of class actions under FDUTPA.

28. Palmetto Enterprises, Inc. v. Owens Corning Tanks Corp., Dade County, Florida Circuit Court Case No. 95-20509-CA-08. In this case, the class alleged that Owens Corning's underground storage tanks leaked due to construction defects. Class certification was denied.

29. Pierce v. Commercial Warehouse, Case No. 86-203-Civ-T-17(B), United States District Court, Middle District of Florida, Tampa Division. We represented the defendant in this antitrust action, and no class was certified.

30. Sanchez v. Signal Holdings, Southern District of Florida, Case No. 05-22259-CIV, Judge Patricia Seitz. We represented defendants who provide insurance for cellular telephones. Plaintiffs alleged claims under the Florida Deceptive and Unfair Trade Practices Act regarding the deductible charged on claims. Class certification was denied.

31. In re: Templeton Securities Litigation, United States District Court, Southern District of Florida, Case No. 98-6170-CIV-Ferguson. Allegations involved breach of fiduciary duties and violation of federal securities laws. The district court denied class certification in an unreported decision in June, 2001. Plaintiffs attempted to take an interlocutory appeal from that ruling to the Eleventh Circuit, and we successfully opposed review.

32. Vogel v. Lehigh Corporation, Lee County, Florida Circuit Court Case No. 90-8438 CA. We represented the defendant, and an order was entered with prejudice denying the class.

33. Wander v. Prudential Property and Casualty Insurance Company, Florida 20th Judicial Circuit, No. 99-8920-CA-LG. Plaintiff brought a class action asserting illegal charges for installment premium payments under Florida law. We represented the defendant, and obtained dismissal of the case with prejudice before class certification.

34. Wiles v. Tampa Board of Realtors, Inc., United States District Court, Middle District of Florida, Case No. 74-136-Civ-T-K. We represented the defendant and were successful in defeating the proposed class.

35. Zylstra v. Safeway Stores, Case No. 75-360-K, United States District Court, Middle District of Florida, Tampa Division. We represented the defendant and obtained an order that certification was not proper.

Successful Settlements or Other Favorable Dispositions

1. Acoma v. Crompton Corp., Pinellas County Circuit Court Case No.: 04-4143-CI-13. We represent Crompton Corp., Uniroyal Chemical Co., Inc., and Uniroyal Chemical Company, Limited in an action alleging anti-trust violations concerning the sale of EPDM used in the manufacture of tires. Defendants' Motion to Dismiss the complaint was granted.

2. Aznar v. Cooperative De Seguros Multiples De Puerto Rico, United States District Court, Middle District of Florida, Case No. 6-06-cv-00578. We represented defendant, a home insurer, in this putative consumer class action. The plaintiff contended that defendant failed to pay tax and overhead/profit on homeowner hurricane claims. The case was resolved on an individual basis. No class was certified.

3. Bachman v. The Equitable Life Assurance Society of the United States, United States District Court, Middle District of Florida, Tampa Division, Case No. 96-1225-CIV-T-24B. We represented the defendant and obtained a successful settlement of class claims prior to certification being decided.

4. Barnes v. Florida Power Corp., Hernando County, Florida Circuit Court Case Number H-27-CA-2000-002255-DM. This was a class action brought by a customer against an electric utility; the claim was that the electric utility had not paid the correct interest due on deposits held by the utility under applicable regulations. The plaintiff voluntarily dismissed with prejudice before class certification.

5. Barrow v. Exxon Corporation, United States District Court, Northern District of Florida, Case No. 3:98-CV-128/LAC/SMN. Class action similar to Kelly case brought by new plaintiffs and attorneys. Following aggressive attack on certifiability of putative class, result was agreed voluntary dismissal prior to certification hearing.

6. Bragg v. Bill Heard Chevrolet, Eleventh Circuit Case No. 03-11384-FF, DC DKT No. 02-00609 CV-8-6-30EAJ. The plaintiffs brought a putative class action seeking damages, equitable, and declaratory relief for alleged violations of (i) the Truth in Lending Act, and (ii) the Florida Motor Vehicle Retail Sales Finance Act and the Florida deceptive and Unfair Trade Practices Act. We represented the defendant, Bill Heard Chevrolet. After a dismissal, appeal to the Eleventh Circuit, and published appellate opinion, we obtained a favorable classwide settlement for our client, Bill Heard Chevrolet.

7. Beckford v. Toyota Motor Sales USA, Inc., Miami-Dade County, Florida Circuit Court, Case No. 03-6443-CA10. We represented Toyota Motor Sales USA and two related companies in a class action brought against numerous manufacturers of automobiles alleging a conspiracy to restrict the importation of automobiles from Canada into the United States.

8. Bentley v. City of Tallahassee, Leon County, Florida Circuit Court, Case No. 98-7107. This was a class action brought by over 7000 property owners against an electric utility alleging that the utility's easements did not authorize the use of the plaintiffs' lands for the installation and use of fiberoptic cables for general telecommunications purposes. A class settlement was approved by the circuit court but subsequently reversed by the First District Court of Appeal in Seven Hills, Inc. v. Bentley, 2003 WL 292110 (Fla. 1st DCA Feb. 12, 2003). Prior to the First District's mandate issuing, the case was relinquished to the circuit court. An amended final judgment was entered and the class settlement was preserved.

9. Best v. Special Data Processing Corporation, Pinellas County Circuit Court, Case No. 4CA-03491-CICI. This is a class action for alleged violations of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") in connection with magazine sales. We represented the defendant and moved to dismiss the complaint and, later an amended complaint, because the plaintiffs lacked standing to bring their FDUTPA claims. The motion to dismiss was granted with prejudice and plaintiffs appealed. After the briefs were filed, but before oral argument, the case was settled.

10. Bd. of Trustees of the Carpenters & Millwrights of Houston, United States District Court, Middle District of Florida, Case No. 8:00-CV-751-T-23E. We represent Eckerd Corporation in this partial filled prescription RICO and ERISA class action. The plaintiffs voluntarily dismissed their claims before certification was reached.

11. Carney v. Wise Foods, Inc., United States District Court, Southern District of Florida, Case No. 05-80196. We represented defendant snack food manufacturer in a putative class action alleging that our client wrongfully terminated approximately 30 independent operators who sold and delivered product to defendant's customers. After the filing of several consecutive motions to dismiss, the court dismissed the complaint with prejudice. The plaintiff never moved to certify the class.

12. Carranza v. Mecca, United States District Court, Southern District of Florida, Case No. 01-9013-Civ-Ryskamp. This is an action brought by Farm Workers against the Farm Labor Contractor and Farm Owner alleging violations of various federal statutes concerning wages. We represented the Farm Owner and reached settlement.

13. Cherry v. AT&T Wireless Services, Inc., Manatee County, Case No. 2004-CA-002306. In this putative case action, plaintiff customers challenged their wireless telephone providers' contractual early termination fees as well as the fact that wireless telephones typically operate only on a single wireless network. We succeeded in obtaining an order compelling arbitration, which was upheld by the intermediate appellate court and the Florida Supreme Court in appeals handled by our firm. The plaintiff did not pursue the claims in arbitration.

14. Drayton v. Western Auto Supply Company, United States District Court, Middle District of Florida, Case No. 98-1582-CIV-T-26E. We represented the defendants in this nationwide employment "pattern and practice" discrimination case. The class was certified by the district court and leave to appeal was granted by the Eleventh Circuit. On appeal, the Eleventh Circuit affirmed the class in part, but reduced its breadth and eliminated compensatory and punitive damage claims, thereby greatly reducing defendant's exposure. The case subsequently settled.

15. Edwards v. The Prudential Insurance Company of America, United States District Court, Middle District of Florida, Case No.: 3:03-CV-1079-J-25-MCR. We represented the defendant in this action. The plaintiff filed suit in state court seeking to represent a nationwide class of policyholders allegedly denied coverage under a dependent rider to a life insurance policy, which rider covered the lives of minor dependents under stated conditions. We removed the case to federal court, moved to dismiss for failure to state a claim, and opposed class certification. After the plaintiff's unsuccessful attempt to remand to state court, the plaintiff's individual claim was settled for a modest amount in court-annexed mediation, no class was certified, and the case was dismissed with prejudice.

16. Fidel v. Pearlman, United States District Court, Southern District of Florida, Case No. 02-61258-CIV Marra. We represented a former executive of Unapix Entertainment, Inc. in an action for securities fraud brought by a shareholder. The District Court granted a Motion to Dismiss with Prejudice and the case was subsequently resolved.

17. Forman v. World Savings, Broward County, Florida Circuit Court Case No. 06014137-21; Goldberg v. Merrill Lynch Credit Corp. , Palm Beach County, Florida Circuit Court Case No. 2006CA009462. We represent the defendants in these separate but related putative class actions asserting that the defendants engaged in the unauthorized practice of law related to a fee for preparing loan and mortgage documents. These are issues of first impression in the Florida courts. Both cases were dismissed in our favor and our now on appeal.

18. Frisch v. Wells Fargo Bank, N.A., Case No. 04-21287-Civ-Gold (S.D. Fla. 2004). Obtained dismissal of putative RESPA class action.

19. Fruchter v. Florida Progress Corporation, Pinellas County, Florida Circuit Court Case No. 99-6167CI-20. We represented the defendants in this case brought to challenge the merger between CP&L and Florida Progress under the securities laws. Case was concluded without class certification. After attempting unsuccessfully to secure a settlement, the plaintiff voluntarily dismissed the suit.

20. In re: Fuel Oil Cases, United States District Court, Middle District of Florida, Case Nos. 77-742-Civ T-GC, 78-467-Civ-T-GC, 78-169-Civ-T-GC. We represented the defendant utility and reached a settlement with the proposed class, before certification of any class, and successfully consummated the settlement and obtained a dismissal of the case.

21. Brenda Gallo v. Wise Foods, Inc., Miami-Dade County, Florida Circuit Court Case No. 01-15504-CA-23. We represented Wise Foods, a snack food manufacturer, in a putative class action alleging wrongful termination of an independent operator. We obtained a directed verdict in favor of Wise Foods after a one-week trial.

22. Garcia v. State Farm, Miami-Dade County, Florida Circuit Court. Claim by insured asserting State Farm breached its insurance contracts and was negligent in paying no-fault benefits to "patient brokers" for MRI services.

23. Garrido v. Victoria Fire & Casualty Company, Florida 11th Judicial Circuit, No. 02-04810-CA10. We represented the defendant in this action. The plaintiff sought to represent a class of policyholders, the members of which the plaintiff claimed to have been systematically underpaid benefits under auto policies. The trial court granted the defendant's motion for summary judgment, and did not certify a class. After appeals and after an amended motion for summary judgment, the plaintiff agreed to settle his individual claim for a modest amount, and dismissed the suit with prejudice.

24. Gilchrist v. State Farm Mutual Automobile Insurance Company, United States District Court, Northern District of Florida, Case No. 1:00CV66MMP. The district court certified a class of 70 million policyholders in this automobile insurance antitrust action. The Eleventh Circuit reversed the certification and ordered the case dismissed pursuant to the McCurran-Ferguson doctrine.

25. Gomez v. Wells Fargo Bank, N.A., Case No. 05-22936-Civ-Moreno (S.D. Fla. 2005). Obtained dismissal of putative RESPA class action.

26. Grenelefe Club Estates Homeowners Association, Inc. v. Sports Shinko (Florida) Co., Ltd., Polk County, Florida Circuit Court Case No. GC-G-2000-3634, Section 11. In this homeowners association dispute we represented a developer and its board of directors in a suit brought by residents. The residents claim that the developer failed to properly pay assessments and that the community's roads and clubhouse were improperly constructed. The case was settled.

27. Hannon v. Natural Supplement Assoc., Inc., Florida 15th Judicial Circuit, Case No. 02-14214 AB. We represented the defendant in this action. The plaintiffs sought to represent a class of purchasers of prohormone products containing Androstenedione. The plaintiffs alleged that the defendant marketed and sold a prohormone product containing Androstenedione which was advertised as promoting muscle growth when, in fact, the product was not effective in increasing strength or enhancing muscle growth. A class action settlement has been preliminarily approved by the court.

28. Harris v. Lennar Homes, Inc., Hillsborough County, Florida Circuit Court Case No. 96-4672. We represented the defendant. Plaintiffs' motion to certify a class was granted, but the case was thereafter settled on very favorable terms to the defendant.

29. Hersman v. Prudential Property and Casualty Insurance Company, Florida 11th Judicial Circuit, No. 02-05786 CA 19. We represented the defendant in this action. The plaintiff sought to represent a class of policyholders, the members of which the plaintiff claimed to have been systematically denied benefits under casualty policies. Plaintiff sought a declaration that Florida's no-fault automobile insurance law for personal injury protection benefits is unconstitutional and a refund of premiums paid by class members to the defendant. The plaintiff voluntarily dismissed the complaint after we filed a motion to dismiss the amended complaint.

30. Insurance Management Solutions Group, Inc. Securities Litigation, United States District Court, Middle District of Florida, Tampa Division, Case No. 8:00-CV-2013-T-26F. We represented a defendant, Venture Capital Corporation. The plaintiffs claimed that the defendants violated securities laws in connection with a public offering of shares of Insurance Management Solutions Group, Inc. A class was certified and the case was settled.

31. Kaliser v. Knoll Pharmaceutical Company, United States District Court, Southern District of Florida, Case No. 97-6840-CIV-DAVIS. We represented the defendant Knoll Pharmaceutical Company. The case settled.

32. Karol v. Micron Technology, Inc., United States District Court, Middle District of Florida, Ft. Myers Division, Case No. 2:04-cv-440-FtM-33SPC. We represented the defendants in this class action. The plaintiffs alleged an international conspiracy among the defendants and co-conspirators with the purpose of fixing prices of memory chips or modules. The case was dismissed without prejudice.

33. Kelly v. Exxon Corporation, United States District Court, Northern District of Florida, Pensacola Division, Case No. 3:96CV308RV. Class action against various oil companies alleging underpayment of royalties. We represented the defendant and obtained a dismissal of the complaint along with a ruling by the court that class certification was likely not forthcoming.

34. Kulle v. Verizon Communications, Inc., Sarasota County, Florida Circuit Court Case No. 200013227-44-A. We represented the defendant in a suit challenging its disclosures about its "call-block" service and alleging, among other things, claims under Florida's Deceptive and Unfair Trade Practices Act. The case settled on a non-class basis of favorable terms to our client.

35. Lendelow v. Jay Hill, Northern District of Illinois, Eastern Division, Case No. 00-C-3727. This is a class action securities fraud claim against the officers and directors of a company and its closely-held subsidiary for an allegedly misleading press release concerning the acquisition of a subsidiary. We represented the president of the subsidiary corporation. The case settled.

36. Mazza Block v. Morganti, Palm Beach County, Florida Circuit Court, Case No. CL 00-3885 AE. Judge Wessel. We represented Morganti in this action brought by a subcontractor. We obtained dismissal of the class action portion of this action and ultimately dismissal of the entire action.

37. Mian v. American Utility Management, Broward County Circuit Court, Case No. CACE-04-06041-11, Judge Barry Goldstein. We represented AUM in connection with a putative class action alleging improper utility billing at apartment complexes. After meeting with counsel for plaintiffs, the case was voluntarily dismissed.

38. Morrone v. Toyota Motor Sales, U.S.A., Inc., Hillsborough County, Florida Circuit Court Case No. 97-08798. We represented the defendant. Putative class action brought against Toyota Motor Corporation and Toyota Motor Sales concerning performance characteristics of Toyota vehicle. The case was settled and voluntarily dismissed prior to determination on class certification.

39. Newton v. Bell Atlantic Corporation, Hillsborough County, Florida Circuit Court Case No. 00008238. We represented the defendant in a suit challenging its rental telephone disclosures and charges and alleging, among other things, claims under Florida's Deceptive and Unfair Trade Practices Act. The case settled on a non-class basis of favorable terms to our client.

40. Magnetic Imaging Systems I, Ltd. v. The Prudential Property and Casualty Insurance Company, 11th Judicial Circuit, Miami-Dade County, Case No. 95-07587-CA-20. We represented the defendant in this action. The plaintiff sought to represent a class of policyholders, the members of which the plaintiff claimed to have had interest on medical benefits under auto policies improperly withheld by the insurer. A settlement class was certified by the trial court, and a class-wide settlement was concluded.

41. Martinez v. Mecca, United States District Court, Southern District of Florida, Case No. 91-9096-Civ-Middlebrooks. This is an action brought by Farm Workers against the Farm Labor Contractor and Farm Owner alleging violations of various federal statutes concerning wages. We represented the Farm Owner. Class certification was granted and the case was amicably resolved.

42. Medical Diagnostic Network, Inc. v. Prudential Property and Casualty Insurance Company, Florida 11th Judicial Circuit, Case No. 00-30630-CA-5. We represented the defendant in this action. The plaintiff sought to represent a class of policyholders, the members of which the plaintiff claims to have had interest on medical benefits under casualty policies improperly withheld by the insurer. The plaintiff filed a voluntary dismissal after we filed a fee motion under section 57.105, Florida Statutes.

43. Moore v. Micro-Flo, Polk County, Florida. Toxic tort class action brought by property owners seeking medical monitoring and claiming diminution in property values due to actions of defendants on adjacent industrial Superfund Site. The case was settled on favorable terms prior to the filing of any motion for class certification.

44. Morales v. Attorneys' Title Insurance Fund, Inc., United States District Court, Southern District of Florida, Case No. 96-2445. We represented the defendant and the Court granted the defendant's motion to dismiss with prejudice before the motion for class certification was reached.

45. Morton's Market, Inc. v. Southland Corporation, United States District Court, Middle District of Florida, Case No. 93-1077-Civ-T-23B. Antitrust milk price fixing action; the case was settled on a class wide basis on favorable terms for our client.

46. Oce Printing Systems USA, Inc. v. Mailers Data Services, Inc., 760 So. 2d 1037 (Fla. 2d DCA 2000). Users, brokers, and independent service providers of ultra-high speed printers sued three sellers/servicers of those printers, including our client NCR, for antitrust violations. We successfully negotiated an extremely favorable settlement for NCR prior to certification of multiple classes.

47. In re Pinnacle Holdings Corp. Securities Litigation, United States District Court, Middle District of Florida, Tampa Division, Case 8:01-CV-624-T-27-MSS. We represented PricewaterhouseCoopers who was added as a defendant in the 10b(5) count of this securities. A global settlement was reached with all defendants in which PriceWaterhouseCoopers contributed a "cost of defense" settlement payment.

48. Prohias v. Astrazeneca Pharmaceuticals, L.P., Miami-Dade County, Circuit Court Case No. 05-2-2433-CA-30. This was a putative class action alleging violation of Florida's Deceptive and Unfair Trade Practices Act in connection with the marketing of Nexium, one of the most prescribed pharmaceuticals in the world. We obtained a dismissal of the claim with prejudice.

49. Publix Super Markets, Inc. v. MW Marketing Services Corp., Case No. 87-1290-Civ-T-10B. We represented the defendant and a settlement class was certified and successfully consummated.

50. Ray's Plumbing, Inc. v. Agrevo Environmental Health, United States District Court, Middle District of Florida, Ft. Myers Division, Case No.: 96-378-CIV-FTM-21D. We represented the defendant Dow AgroSciences LLC. Plaintiff's motion for class certification was withdrawn.

51. Rodriguez v. Prudential Property & Casualty Insurance Company, Florida 17th Judicial Circuit, No.: 02-024003 CA 02. We represented the defendant in this action. The plaintiff sought to maintain a statewide class action on a claim that the defendant, a private-passenger auto insurer, was required to reimburse its policyholders, from subrogation recoveries, for policyholder losses no covered by the policies and otherwise not reimbursed by the at-fault tortfeasors in auto accidents. We moved to dismiss on the basis that the claim was not legally valid, and opposed class certification. The trial court dismissed the case with prejudice, and did not certify a class. The appeals court affirmed the trial court's judgment.

52. Samco Partners v. Emerson Electric, Palm Beach County Circuit Court, Case No. 06-CA-002085-AG, Judge John Hoy. We represented Emerson Electric in connection with a putative class action arising from a merger and acquisition transaction. The action was resolved shortly after filing and received preliminary approval from the Circuit Court.

53. Samuels v. Victoria Select Insurance Company, Florida 4th Judicial Circuit, 1 07567. We represented the defendant in this action. The plaintiff sought to represent a class of policyholders, the members of which the plaintiff claimed were systematically overcharged for premiums under casualty policies. The plaintiff voluntarily dismissed the complaint for a nominal sum in settlement of the individual claim after we filed a motion to dismiss.

54. Solomon v. Blue Cross & Blue Shield Association, United States District Court, Southern District of Florida, Miami Division. Case No. 03-22935 - CIV. We represented Blue Cross & Blue Shield of Delaware in this high profile putative class action filed by medical providers against every Blue Cross entity in the nation. The plaintiffs sought to represent all medical doctors and allied health practitioners in America. They brought RICO claims, contending that the Blue Cross companies systematically conspired to delay, diminish, and deny their claims. We obtained dismissal of the putative class action.

55. Spencer v. Wachovia, Southern District, Fla., Case No. 04-CIV-81016, Judge Kenneth Ryskamp. We represented Wachovia Bank in a putative class action where plaintiff alleged Wachovia breached its fiduciary duties with regard to investments in her accounts. The District Court granted our Motion to Dismiss the class action claims with prejudice under SLUSA and allowed plaintiff to plead only individual claims. Plaintiff did not amend her complaint and the case was closed by the District Court.

56. Stincerv. University Community Hospital, Inc., Hillsborough County, Florida Circuit Court Case No. 91-7719, Div. F. We represented the defendant and were successful in forcing the plaintiff class representative to the point that she withdraws her complaint.

57. Taylor v. General Motors Corp., 875 F.2d 816 (11th Cir. 1989). A putative class action was brought on behalf of purchasers of vehicles from eight manufacturers whose cars did not contain airbags. We obtained an opinion from the federal district court dismissing all class action allegations. That opinion was affirmed on appeal.

58. Taylor, Bean & Whitaker, Ltd, Inc. v. Staff Leasing, Inc., Marion County, Florida Circuit Court, Case No. 97-2754. We represented the defendant and the case was dismissed before the motion for class certification was reached.

59. Thomas Cattle Company v. Lextron, Inc., Case No. 92-62-Civ-OC-14 consolidated with Harrell H. Phillips, DVS, v. Lextron, Inc., Case No. 92-64-Civ-OC-16, United States District Court, Middle District of Florida, Ocala Division. We represented the defendant and reached a class-wide settlement of the case before the class issue was resolved.

60. Thula v. Lawyers Title Insurance Corp., Broward County, Florida Circuit Court Case No. 04-05324-11. We represented a title insurance underwriter where a putative class of Florida consumers alleged that they were overcharged for title insurance premiums because lower "reissue rates" were not disclosed or provided to them. A class-wide settlement of the case was approved by the Court before the class certification issue was resolved.

61. Voiles v. Compuserve Interactive Services, Inc., Pinellas County, Florida Circuit Court Case No. 00-000832-CI-21. Florida Deceptive and Unfair Trade Practices Act action. This case settled on an individual basis. No class was certified.

62. Wagner v. TracFone Wireless, Inc., Boone County Circuit Court, Kentucky, Case No. 06-CI-304. We represent the country's largest provider of prepaid wireless telephone service in this nationwide class action involving more than 16 million potential class members and alleging that roaming charges were improperly assessed on calls made while in their home calling area. We have settled the case, have received court approval of the settlement, and are in the midst of distributing the settlement benefits to class members and wrapping up the case.

63. Weber v. State Farm, Miami-Dade County, Florida Circuit Court. Claim by insured asserting State Farm breached its insurance contracts and was negligent in paying no-fault benefits to "patient brokers" for MRI services.

64. Weiner v. BASF Corporation, United States District Court, Southern District of Florida, Case No. 97-6977-CIV-ZLOCH. We represented the defendants BASF Corporation and Knoll Pharmaceutical Company. The case was settled.

65. Wheeler v. First Colony Life Ins., United States District Court, Middle District of Florida, Case No. 8:00-CIV-695-T-24(E). We represented the defendant in this insurance class action. The case was settled.

66. Woodall v. GE Financial Assurance Holdings, Inc., United States District Court, Middle District of Florida, Case No. 8:00-CV-2260-T-27EAJ. We represented the defendants in this class action alleging breach of an insurance policy. The case was dismissed.

67. Yates v. Equity Residential, Palm Beach County, Florida Circuit Court Case No. CA-02-14116 AB. We represented the owners of numerous apartment rental complexes throughout Florida in an action brought by tenants who alleged that improper charges were collected. Class certification was granted and affirmed on appeal. The case was resolved after trial on the merits.

68. Zenith Industries Company v. Florida Power Corporation, Pinellas County, Florida Circuit Court Case No. 77-9917-15 - Appeal No. 78-1702, Supreme Court No. 55,403. We represented the defendant and obtained a dismissal of the case.

Pending Cases

1. Addleman v. Ryland Homes, AAA Arbitration No. 11-181-01524-05. In a companion action to the Bouchard v. Ryland Homes case noted above, the arbitrator certified an "issue" class action in one of the first class action arbitration proceedings in the U.S. since such proceedings were authorized by the U.S. Supreme Court. The same judge who denied certification in Bouchard upheld the arbitrator's decision indicating that it believed it was bound to apply the extremely high standard of review applicable to typical arbitration awards. That decision is presently on appeal to the 5th DCA and presents several issues of first impression in Florida, including the extent to which a AAA arbitrator's class action decision is constrained by the parties' agreement incorporating that organization's class action rules and the appropriate standard of review for class action awards rendered in arbitration.

2. Alsup v. Wrisco, Southern District of Ohio, Eastern Division, Case No. 04-51255-04-51262, Judge Paul Hyman. We represent Wrisco Industries in a class action alleging that window blinds are defective and unreasonable dangerous. No motion for class certification has been filed.

3. Banner v. Wells Fargo Bank, N.A., Palm Beach County, Florida Circuit Court Case No. 07-815. We represent defendant in class action alleging that mortgage lender and its attorneys violated the Florida Consumer Collection Practices Act by charging fees and costs for mortgage reinstatements in excess of those actually incurred. The case is pending.

4. Blanchett v. Micron Technology, Inc., Miami-Dade County, Florida Circuit Court Case No. 05-00273 CA 13. We represent the defendants in this class action. The plaintiffs allege an international conspiracy among the defendants and co-conspirators with the purpose of fixing prices of memory chips or modules. The case is pending.

5. Blonstein v. Barr Labs, United States District Court, Southern District of Florida, Case No. 01-8399-Civ-Moreno. Case transferred to USDC Eastern District of New York, Brooklyn (MDL-1408) 11/08/02. We represent Barr Laboratories in an action brought under the Florida Deceptive and Unfair Trade Practices Act concerning drug manufacturing. Class certification is pending.

6. Bristol Hotel Management Company v. Allianz Insurance Company, United States District Court, Southern District of Florida, Miami Division, Case #97-2240-CIV-MORENO. Statewide putative class of purchasers of workers comp insurance have sued insurers claiming a conspiracy to overcharge using a mechanism not authorized by the filed rates.

7. Campbell v. Equity, Palm Beach County Circuit Court, Case No. 50 2005 CA 007137 XXXX MB AD. Plaintiffs are former tenants at an apartment complex and are claiming property damages due to mold on behalf of all tenants. No motion for class certification has been filed.

8. Cardenas v. Buckeye Check Cashing, Inc., Case No. 4D06-3032 (Fla. 4th District Court of Appeal). Representing Appellee in appeal of order compelling arbitration on remand from U.S. Supreme Court.

9. Clearview Imaging, L.L.C. v. State Farm Mutual Automobile Insurance Company, Fla. 2d DCA Case No. 2D05-49. Plaintiffs purport to represent a class of magnetic resonance imaging (MRI) providers who allege that defendants' insurance companies have failed to make proper payment for the provision of MRI services pursuant to Florida Statute section 627.736(5)b5. The Second District Court of Appeal reversed the dismissal of the action based on a novel construction of the applicable statute.

10. Davis v. Lawyers Title Insurance Corporation, United States District Court Northern District Of Ohio Eastern Division Case No. 1:06-cv-00357-DCN. We represent a defendant title insurance underwriter where a putative class of consumers allege that they were overcharged for title insurance premiums because lower "reissue rates" were not disclosed or provided to them. The matter is pending.

11. Duke Travel Services, Inc. v. Avco Corporation, Orange County, Florida Circuit Court Case No. 02CA-9751, Div. 37. Plaintiff brought putative class action against multiple defendants, alleging that the defendants breached various warranties and representations regarding the operation of a particular type airplane and its engine.

12. Fulton v. State Farm Mutual Automobile Insurance Company, Lee County, Florida Circuit Court Case No. 00-6660-CA-JRR. Automobile insurance breach of contract action; pending.

13. Graber v. AT&T Wireless Services, Inc., Palm Beach City, Florida Circuit Court Case No. 50 2004CA 004650 XXXMB AI. In this putative case action, plaintiff customers challenge their wireless telephone providers' contractual early termination fees as well as the fact that wireless telephones typically operate only on a single wireless network. After Carlton Fields attorneys succeeded in compelling individual arbitration in a companion case asserting virtually identical claims, plaintiffs' counsel has not pressed forward with this case and it has been dormant for some time.

14. Eufaula Drugs, Inc. v. Tmesys, Inc., United States District Court, Middle District of Alabama, Northern Division, Civil Action No.: CA-05-34. We represent Tmesys, Inc. The plaintiff alleges Tmesys withheld contractual payments to plaintiff. Discovery is ongoing.

15. FFE Transportation Services, Inc. v. National Council on Compensation Insurance, Inc., Superior Ct. of Richmond County, GA, Case #98-RCCV-509. Statewide putative class of purchasers of workers comp insurance has sued insurers claiming a conspiracy to overcharge using a mechanism not authorized by the filed rates.

16. Franck v. Barr Labs, United States District Court, Middle District of Florida, Case No: 8:00-CIV-2378-T-27TBM-Whittemore. We represent Barr Laboratories in an action brought under the Florida Deceptive and Unfair Trade Practices Act concerning drug manufacturing. Class certification is pending.

17. Fresco v. Automotive Directions, Inc., United States District Court, Southern District of Florida, Case No. CIV-03-61063-Martinez/Klein. We represent eFunds Corporation, one of the defendants, in a class action alleging that the defendants violated the federal Driver's Privacy Protection Act and seeking injunctive relief and damages for a putative class of all Florida drivers and motor vehicle record holders. The parties completed discovery with respect to the class prerequisites and defendants filed a motion for judgment on the pleadings on one statutory claim and we filed a motion to dismiss for lack of standing on the remaining statutory claims on behalf of eFunds Corporation. Before plaintiffs moved for class certification the Court ordered the parties to mediation. After a prolonged mediation of almost one year, the parties reached a settlement on injunctive relief only, providing for enhanced privacy protections, and filed a motion for preliminary approval of the settlement with respect to a nationwide class with the Court. The Court granted the motion for preliminary approval of the settlement and the matter is now set for a final fairness hearing before the Court.

18. Garofolo v. F. Hoffman-LaRoche, Ltd., Broward County, Florida Circuit Court Case No. 99-010358 (07), Judge Miller. We are Florida counsel in a class action brought by purchasers of vitamins in the United States asserting that defendants conspired to fix the price of vitamins. We represent BASF Corporation and Reilly Industries. The Court approved a settlement with certain defendants. The Court's decision is presently on appeal.

19. Gugler v. Lennar Corporation, Hillsborough County, Florida Circuit Court Case No. 97-04393.

20. Harmelin v. WCI Communities, Inc., Broward County Circuit Court, Case No. CACE-05-016284-14, Judge Jeffrey Streitfeld. We represent WCI Communities in an action brought by 3 homeowners after Hurricane Wilma alleging roof defects. No motion for class certification has been filed.

21. Henderson v. Lawyers Title Insurance Corporation, in the Court Of Common Pleas, Cuyahoga County, Ohio Court Case No. CV-02-460724. We represent a defendant title insurance underwriter where a putative class of consumers allege that they were overcharged for title insurance premiums because lower "reissue rates" were not disclosed or provided to them. The matter is pending.

22. Hierta v. Ajinomoto U.S.A., Inc., Collier County, Florida Circuit Court Case No. 03-1532-CA. We represent the manufacturer of MSG and related products in a class action brought by indirect purchasers alleging a price fixing conspiracy among manufacturers of MSG.

23. Higgins v. Commonwealth Land Title Insurance Co., Nassau County, Florida Circuit Court Case No. 04-365 CA. We represent a defendant title insurance underwriter where a putative class of Florida consumers allege that they were overcharged for title insurance premiums because lower "reissue rates" were not disclosed or provided to them. The matter is pending.

24. Jaffae v. Toyota Motor Sales USA, Inc., United States District Court, Southern District of Florida, Case No. 03-20378 Civ-Martinez. We represent Toyota Motor Sales USA and two related companies in a class action brought against numerous manufacturers of automobiles alleging a conspiracy to restrict the importation of automobiles from Canada into the United States.

25. Johnson v. State Farm Mutual Automobile Insurance Company, Lee County, Florida Circuit Court Case No. 00-1567-CA-JBR. Automobile insurance breach of contract action; pending.

26. Kidder v. Thomson Consumer Electronics, Inc., Hillsborough County, Florida Circuit Court Case No. 00009563 Div. B. Statewide putative class of purchasers of television sets manufactured by Thomson Consumer Electronics alleges design defects in the sets.

27. Kings Ridge Community Ass'n v. Lennar Land Partners, Lake County, Florida Circuit Court Case No. 05-CA-2718. Representation of defendants in putative class action alleging that the developer violated a community declaration when it sold the community clubhouse and facilities fees to an investor, and conspired with the investor and others to keep the transaction a secret. The circuit court granted class certification.
    Lauderhill v. Crompton Corp., Lee County Circuit Court, Case No. 05-CA-000810, Judge Jay Rosman. We represent Crompton Corp., Uniroyal Chemical Co., Inc., and Uniroyal Chemical Company, Limited in an action alleging anti-trust violations concerning the sale of rubber chemicals. Class certification is pending.

28. Loesch v. Barr Labs, United States District Court, Southern District of Florida, Case No. 00-7738-Civ-Ryskamp. We represent Barr Laboratories in an action brought under the Florida Deceptive and Unfair Trade Practices Act concerning drug manufacturing. Class certification is pending.

29. Merkle v. Aetna Health, Inc., Florida Fourth District Court of Appeal Case Nos. 4D05-4552, 4553, 4554, 4555. We represent the defendant in these four putative class actions seeking reimbursement from HMOs under a statute governing payment for emergency medical services. The trial court dismissed the case with prejudice. The court of appeals affirmed in part. That decision is presently being appealed to the Florida Supreme Court.

30. Myers v. Uniroyal, Palm Beach County, Florida Circuit Court Case No. CA-02-13164-AN. We represent Crompton Corp., Uniroyal Chemical Co., Inc., and Uniroyal Chemical Company, Limited in an action alleging anti-trust violations concerning the sale of rubber chemicals used in the manufacture of tires. Class certification is pending.

31. Mikklesen v. Micron Technology, Inc., Lee County, Florida Circuit Court Case No. 04-CA-004461. We represent the defendants in this antitrust class action. The plaintiffs allege an international conspiracy among the defendants and co-conspirators with the purpose of fixing prices of memory chips or modules. The case is pending.

32. Morris v. Ford Motor Co., Okaloosa County, Florida Circuit Court Case No. 02 CA 002973 S. We represent Ford Motor Company in defense of a class action by a Florida county sheriff claiming a design defect in the Crown Victoria Police Interceptor. The class was certified and this matter is currently up on appeal.

33. Mott v. Budget Marketing, Inc., Alachua County, Florida Circuit Court, Case No. 0103-CA-418K. We represent Budget Marketing in a class action by purchasers of magazines from our client.

34. Nyblom v. Crompton Corp., Collier County Circuit Court Case No.: 04-2599-CA. We represent Crompton Corp., Uniroyal Chemical Co., Inc., and Uniroyal Chemical Company, Limited in an action alleging anti-trust violations concerning the sale of rubber chemicals. Class certification is pending.

35. Open MRI of Pinellas, Inc. v. American International Insurance Company, Hillsborough Circuit Court, Case No. 03-7047. We represent an AIG insurer in a class action filed by medical service providers involving a novel issue of law under Florida's Personal Injury Protection statute.

36. Open MRI of Pinellas, Inc. v. American International South Insurance Company, Hillsborough Circuit Court, Case No. 03-7010. We represent an AIG insurer in a class action filed by medical service providers involving a novel issue of law under Florida's Personal Injury Protection statute.

37. Ozarow v. Barr, Palm Beach County, Florida Circuit Court Case No. CL 00-8442 AE. Judge Wessel. Remanded to State Court on October 24, 2001. We represent Barr Laboratories in an action brought under the Florida Deceptive and Unfair Trade Practices Act concerning drug manufacturing. Class certification is pending.

38. Pardell v. F. Hoffman-LaRoche, Ltd., Miami-Dade County, Florida Circuit Court Case No. 99-5681 CA 23. We are Florida counsel in a class action brought by purchasers of vitamins in the United States asserting that defendants conspired to fix the price of vitamins. We represent BASF Corporation. A nationwide class settlement is awaiting final court approval.

39. Penzer v. Nextel South Corp., Inc., Broward County, Florida Circuit Court Case No. 03-010994-02. Class action for transmission of 24,000 unsolicited facsimile advertisements in violation of the federal Telephone Consumer Protection Act. We have succeeded in obtaining the dismissal of our client with prejudice, while a co-defendant assigned its bad faith insurance claim to the plaintiffs in a Coblenz settlement. Plaintiffs are currently pursuing the insurer for $12,000,000 in statutory damages.

40. Platt v. Barr Labs, United States District Court, Southern District of Florida, Case No. 00-8922-Civ-Ryskamp. Case transferred to USDC Eastern District of New York, Brooklyn (MDL-1383) 01/29/01. We represent Barr Laboratories in an action brought under the Florida Deceptive and Unfair Trade Practices Act concerning drug manufacturing. Class certification is pending.

41. Pryor v. Micron Technolofy, Inc., Broward County, Florida Circuit Court Case No. 04-15687-CA. We represent the defendants in this class action. The plaintiffs allege an international conspiracy among the defendants and co-conspirators with the purpose of fixing prices of memory chips or modules. The case is pending.

42. Publix Super Markets, Inc. v. F. Hoffman-LaRoche Ltd., United States District Court, Middle District of Florida, Tampa Division Case No. 99-2020-CIV-T-26F. We are Florida counsel in a class action brought by purchasers of vitamins in the United States asserting that defendants conspired to fix the price of vitamins. We represent BASF Corporation. The case is pending.

43. Purkey v. American Home Assurance Company, United States District Court, Eastern District of Tennessee, Case No. 3:04CV331. This class action challenges the validity of a provision in automobile liability insurance policies excluding coverage for accidents in which the injured party is a family member of the insured. The district court certified this question of state law to the Tennessee Supreme Court, which upheld the provision as a matter of Tennessee law.

44. Rios v. R.J. Reynolds, United States District Court, Southern District of Florida, Case No. 02-80278-Civ-Hurley. We represent R.J. Reynolds in an action brought under Florida Deceptive and Unfair Trade Practices Act alleging that the marketing of Light cigarettes was deceptive. Class certification is pending.

45. Roberts v. Greystar Management Services, LP, Pinellas County, Florida Circuit Court Case No. 02-006336-CI-007. This is a class action brought on behalf of apartment tenants challenging early termination fees in leases.

46. Reuter v. Check N' Go, Inc., Case No. 4D07-141 (Fla. 4th District Court of Appeal). Representing Appellant in appeal of order striking class action waiver from arbitration agreements.

47. Sala v. Starbucks., United States District Court, Middle District of Florida Case No. 8:05-cv-00829; Forson v. McDonald's Corp., United States District Court, Middle District of Florida Case No. 8:05-cv-01181. These companion cases, along with an identical state court case, involve claims by a purchaser of bottled water that a number of restaurants committed unfair trade practices by charging sales tax on the price of the water and thereby overcharged them. Plaintiffs sought class action status. We represent several restaurant chains (Brinker, owner of Chili's and Maggiano's, Bob Evans) as well as Barnes & Noble in these cases. The federal courts severed the defendants and dismissed the claims, and plaintiffs appealed. Ultimately the appeals were dismissed, with a fee award to our clients. The state case is pending.

48. Simon v. Commonwealth Land Title Insurance Company, in the Court of Common Pleas, Cuyahoga County, Ohio, Case No. CV 03 495673. We represent a defendant title insurance underwriter where a putative class of consumers allege that they were overcharged for title insurance premiums because lower "reissue rates" were not disclosed or provided to them. This matter is pending.

49. In re: SunTerra Corporation Securities Litigation, United States District Court, Middle District of Florida, Orlando Division, Case No. 6:00-CV-79-ORL-28DAB. We are representing certain directors and officers in this purported class action. The case is based on alleged securities fraud. The case is pending.

50. Taylor v. Biometric Access Co., Case No. 2:07cv00018 (TJW), United States District Court, Eastern District of Texas (Marshall Division). We represent Certegy Check Services, Inc., one of the defendants, in a class action alleging that the defendants violated the federal Driver's Privacy Protection Act (DPPA) and seeking injunctive relief and statutory, liquidated damages for a putative class of all Texas drivers and motor vehicle record holders. Plaintiffs claim defendants violated the DPPA by obtaining a database of all motor vehicle records, claiming that defendants did not have a permissible purpose under the DPPA to obtain all of the records. We have moved to dismiss the complaint against Certegy because obtaining the records in bulk for a permissible purpose does not violate the DPPA. That motion is currently pending before the Court.

51. Thomas v. Blue Cross & Blue Shield Association, United States District Court, Southern District of Florida, Miami Division. Case No. 03-21296 ¿ CIV. We represent Blue Cross & Blue Shield of Delaware in this high profile putative class action filed by medical providers against every Blue Cross entity in the nation. The plaintiffs seek to represent all medical doctors and allied health practitioners in America. They bring RICO claims, contending that the Blue Cross companies systematically conspired to delay, diminish, and deny their claims. The parties are in the process of briefing class certification issues.

52. Ultra Open MRI Corporation v. Illinois National Insurance Co., Hillsborough Circuit Court, Case No. 03-7103. We represent an AIG insurer in a class action filed by medical service providers involving a novel issue of law under Florida's Personal Injury Protection statute.

53. Ultra Open MRI Corporation v. New Hampshire Indemnity Company, Hillsborough Circuit Court, Case No. 03-7120. We represent an AIG insurer in a class action filed by medical service providers involving a novel issue of law under Florida's Personal Injury Protection statute.

54. Vandevoir v. Victor Company of Japan, Lee County, Florida Circuit Court Case No. 00-8625-CA-JBR. Statewide putative class of purchasers of JVC electronics equipment (DVD players) assert design defects in the equipment.

55. Veal v. Crown Auto, Case No. 8:04-cv-00323, United States District Court, Middle District of Florida. Defense of class action challenge to sales practices in connection with after-market products a customer may elect to purchase when buying a new or used car. Plaintiff contends that defendant engaged in deceptive and unfair trade practices with respect to the sale of a warranty program. A class was certified. Settlement is pending.

56. Watkins v. DCI Management Group, Ltd., Miami-Dade County, Florida, Circuit Court Case No. 02-27169-CA-27. We represent defendants, the operators of dry cleaning stores, in a class action by dry cleaning customers seeking repayment of alleged "environmental taxes." Discovery on class issues was taken and a motion for summary judgment was filed.