Tershakovec et. al. v. Ford Motor Co.


(11th COA, filed May 18, 2022): Addressing presumptions of reliance for fraud claims and whether implied warranty claims can proceed when it is not inevitable that customers will experience the defect. Arguing that fraud claims are classically ill-suited for class certification. Presumptions of reliance, causation and materiality are inappropriate for purchases of consumer goods driven by idiosyncratic personal preference.

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Transparency in Tort Reform

This letter-to-the-editor was originally published by the Tampa Bay Times in response to their March 13, 2023 article “Florida lawmakers want to help insurance companies by limiting lawsuits.“ The “tort […]