Becker & Poliakoff

Class Action

Firm attorneys have been involved in state and federal class action certification litigation including numerous claim certification cases in various types of lawsuits.

Representative Cases

  • Prevailed on appeal on behalf of a residential land developer where the court held the developer was exempt from the disclosure requirements under the federal Interstate Land Sales Full Disclosure Act (ILSFDA) statute, in Van Hook v. The Residences at Coconut Point (2010).
  • Represented several thousand investors in a securities fraud and Interstate Land Sales Act (ILSFDA) class action against a publicly traded home builder and affiliates alleging fraud in connection with the sale of new homes as pre-leased investment properties, in Sewell v. D’Alessandro & Woodyard, Inc. (2009). The class was certified and the firm was approved by the court as class counsel. The certified class included 2,000 – 4,000 individuals. The case settled in December 2011 following four years of contentious litigation and considerable motion practice resulting in a substantial payment to the class.
  • First National Bank of Pennsylvania v. Greg Eagle et al., Case No. 09-CA-67252
    This case is currently pending in Lee County Circuit Court where we are seeking class certification on behalf of more than 50 investors in a trust who were defrauded by a local real estate broker. The motion for class certification is currently pending. We are seeking to represent the class of investors against the broker, Greg Eagle, and the lender (First National Bank of PA) that obtained a first mortgage on the trust property.
  • Co-lead counsel representing an Ephedra manufacturer sued in District Court for the Southern District of Florida. Plaintiffs attempted to certify a Florida and nationwide medical monitoring class for persons who had consumed Ephedra-based products. After submission of briefs, an evidentiary hearing and oral argument, the Court denied class certification, in Perez et al v. Metabolife International, Inc., 0222850 CIV- Huck/Turnoff.
  • Class action case related to misrepresentation in the sale of securities, in Binder v. Rainbow Medical, Inc., 831 So. 2d 254 (Fla. 3rd DCA 2002).
  • Appeal of omitted class member in interest sensitive class-action insurance litigation, in Spitz, et al v. Connecticut General Life Insurance Company v. Minkin, Case No. 95-CV-3566, Central District of California, (appealed in case No. 99-55403, United States Court of Appeals, Ninth Circuit).