class claim (Florida) · Go Syfert
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class claim in Florida

10 Florida opinions name it 3 courts 1965–2016 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Florida Dept. of Transp. v. Julianogreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016“Additionally, the law of the cáse doctrine may foreclose subsequent consideration of *535 issues implicitly- addressed or necessarily considered by the appellate court’s decision.” Fla. Dep’t of Transp. v. Juliano, 801 So.2d 101, 106 (Fla.2001) (emphasis added).

11
U.S. Concrete Pipe Co. v. Bouldgreen
fla · 1983 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016In response, the plaintiffs argue that the law of the case doctrine is inapplicable because McKenzie II did not rule on “the issue presented here — whether the arbitrator must enforce the class waiver or, as the trial court phrased the issue, ‘whether class arbitration is available under the arbitration provision.’” We hold that McKenzie II already has determined that the arbitration provision’s class action waiver is enforceable and, therefore, permits the plaintiffs to pursue in arbitration only their individual claims. '“The doctrine of -law of the case is limited to rulings on questions of

11
Discover Bank v. Superior Courtred
cal · 2005 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Id. at 1212-13.

11
Black Diamond Properties, Inc. v. Hainesgreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See Black Diamond Props., Inc. v. Haines, 940 So.2d 1176, 1178 (Fla. 5th DCA 2006) (holding that individual issues predominated where complaint was based upon allegation of misrepresentations in 500 separate oral contracts); Marino v. Home Depot U.S.A., Inc., 245 F.R.D. 729, 737 (S.D.Fla.2007) (denying certification of a FDUTPA class suit over carpet installation costs because such a class claim “would be an exercise in inefficiency, and the need for individualized determinations as to the existence of a deceptive act leads to the conclusion that common facts do not predominate as to Plaintiff

11
Marino v. Home Depot U.S.A., Inc.green
flsd · 2007 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See Black Diamond Props., Inc. v. Haines, 940 So.2d 1176, 1178 (Fla. 5th DCA 2006) (holding that individual issues predominated where complaint was based upon allegation of misrepresentations in 500 separate oral contracts); Marino v. Home Depot U.S.A., Inc., 245 F.R.D. 729, 737 (S.D.Fla.2007) (denying certification of a FDUTPA class suit over carpet installation costs because such a class claim “would be an exercise in inefficiency, and the need for individualized determinations as to the existence of a deceptive act leads to the conclusion that common facts do not predominate as to Plaintiff

11
FLA. DEPT. OF AGR. AND CONSUMER SERVICES v. City of Pompano Beachgreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004"Florida Rule of Civil Procedure 1.220(a) defines the prerequisites of class representation as numerosity, commonality, typicality, and adequacy of representation." Fla. Dep't of Agric. & Consumer Servs. v. City of Pompano Beach, 829 So.2d 928, 930 (Fla. 4th DCA 2002).

11
Champ v. Siegel Trading Company, Inc.green
ca7 · 1995 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999See Champ v. Siegel Trading Co., Inc., 55 F.3d 269 (7th Cir. 1995) (holding that the court has no independent authority to compel arbitration of a class claim).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
In Re Estate of Gay green
fladistctapp · 1974
2 sentences

2010Id. at 670 .

2010Id.

12010–2010
Stone v. Compuserve Interactive Services, Inc. green
fladistctapp · 2001
1 sentence

2005In Stone, 804 So.2d at 388 , we reviewed a class claim that a computer company had unduly delayed in satisfying customer rebate claims.

12005–2005
Rex Utilities, Inc. v. Gaddy neutral
fladistctapp · 1982
1 sentence

1984The appellee would have to affirmatively establish that he was of the class the rule was intended to protect, and that he suffered injury of the type the rule was intended to prevent, and that the violation of the rule was the proximate cause of his injury. deJesus v. Seaboard Coast Line Railroad Company, 281 So.2d 198 (Fla.1973); Rex Utilities, Inc. v. Gaddy, 413 So.2d 1232 (Fla. 3d DCA 1982); Boles v. Brackin, 411 So.2d 280 (Fla. 1st DCA 1982); Stanage v. Bilbo, 382 So.2d 423 (Fla. 5th DCA 1980); Bryant v. Jax Liquors, 352 So.2d 542 (Fla. 1st DCA 1977).

11984–1984
Bryant v. Jax Liquors green
fladistctapp · 1977
1 sentence

1984The appellee would have to affirmatively establish that he was of the class the rule was intended to protect, and that he suffered injury of the type the rule was intended to prevent, and that the violation of the rule was the proximate cause of his injury. deJesus v. Seaboard Coast Line Railroad Company, 281 So.2d 198 (Fla.1973); Rex Utilities, Inc. v. Gaddy, 413 So.2d 1232 (Fla. 3d DCA 1982); Boles v. Brackin, 411 So.2d 280 (Fla. 1st DCA 1982); Stanage v. Bilbo, 382 So.2d 423 (Fla. 5th DCA 1980); Bryant v. Jax Liquors, 352 So.2d 542 (Fla. 1st DCA 1977).

11984–1984
Stanage v. Bilbo green
fladistctapp · 1980
1 sentence

1984The appellee would have to affirmatively establish that he was of the class the rule was intended to protect, and that he suffered injury of the type the rule was intended to prevent, and that the violation of the rule was the proximate cause of his injury. deJesus v. Seaboard Coast Line Railroad Company, 281 So.2d 198 (Fla.1973); Rex Utilities, Inc. v. Gaddy, 413 So.2d 1232 (Fla. 3d DCA 1982); Boles v. Brackin, 411 So.2d 280 (Fla. 1st DCA 1982); Stanage v. Bilbo, 382 So.2d 423 (Fla. 5th DCA 1980); Bryant v. Jax Liquors, 352 So.2d 542 (Fla. 1st DCA 1977).

11984–1984
DeJesus v. Seaboard Coast Line Railroad Company green
fla · 1973
1 sentence

1984The appellee would have to affirmatively establish that he was of the class the rule was intended to protect, and that he suffered injury of the type the rule was intended to prevent, and that the violation of the rule was the proximate cause of his injury. deJesus v. Seaboard Coast Line Railroad Company, 281 So.2d 198 (Fla.1973); Rex Utilities, Inc. v. Gaddy, 413 So.2d 1232 (Fla. 3d DCA 1982); Boles v. Brackin, 411 So.2d 280 (Fla. 1st DCA 1982); Stanage v. Bilbo, 382 So.2d 423 (Fla. 5th DCA 1980); Bryant v. Jax Liquors, 352 So.2d 542 (Fla. 1st DCA 1977).

11984–1984
Boles v. Brackin neutral
fladistctapp · 1982
1 sentence

1984The appellee would have to affirmatively establish that he was of the class the rule was intended to protect, and that he suffered injury of the type the rule was intended to prevent, and that the violation of the rule was the proximate cause of his injury. deJesus v. Seaboard Coast Line Railroad Company, 281 So.2d 198 (Fla.1973); Rex Utilities, Inc. v. Gaddy, 413 So.2d 1232 (Fla. 3d DCA 1982); Boles v. Brackin, 411 So.2d 280 (Fla. 1st DCA 1982); Stanage v. Bilbo, 382 So.2d 423 (Fla. 5th DCA 1980); Bryant v. Jax Liquors, 352 So.2d 542 (Fla. 1st DCA 1977).

11984–1984
State v. Webb green
fla · 1976
1 sentence

1977This is not a novel concept for as the court noted in State v. Webb, supra, today several cities in the state of New York handle traffic offenses through administrative agencies.

11977–1977
Tamiami Gun Shop v. Klein green
fla · 1959
1 sentence

1965As held by the Florida Supreme Court in Tamiami Gun Shop v. Klein, 116 So.2d 421 (Fla.1959), this rule derives from the fact that the statute is intended for the protection of a class of persons from a harm which they are not capable of recognizing, and the purpose would be defeated if negligence of a member of the class were permitted to bar him from recovery.

11965–1965

Where else courts name it

CA 104 (1909–2026) TX 54 (1934–2025) NY 23 (1898–2025) TN 16 (1898–2002) IL 15 (1910–2025) PA 13 (1924–2018) OR 13 (1901–2025) MA 13 (1961–2025) AZ 12 (1946–2012) IN 11 (1880–2020) FL 10 (1965–2016) AL 9 (1908–2008) MO 9 (1921–2014) NJ 9 (1940–2024) OH 7 (1992–2020) MT 6 (1992–2025) CT 6 (1996–2006) NV 6 (1922–2015) DE 6 (1947–2017) GA 5 (1906–2018) WI 4 (1890–2021) LA 4 (2007–2013) WV 4 (1982–2013) MD 4 (1947–2014) WA 3 (1980–2022) MN 3 (1892–2006) OK 2 (2009–2024) ND 2 (1936–1938) CO 2 (1997–2006) MI 2 (1958–1958) AK 2 (1987–2010) SC 2 (1937–2018) UT 2 (2004–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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