Legal Question in Consumer Law in Florida

Ahs

I am an attorney who has had American Home Shield fail to honor its contract obligations in the same way as described on many message boards. I was planning to file my own small claims suit, but I wonder if you have or know of any class actions? As I don't do this kind of law, it's a real pain w/a big learning curve.


Asked on 10/10/07, 2:06 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Ahs

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While this is not a proper use for this forum, I wanted to try and help a fellow attorney. A quick Google search found this entry:

Abusive Class Action

American Home Shield of Texas, Inc., et al. v. Kortz

No. 01-99-00380-CV

Supreme Court of Texas

NCLC argued that the trial judge erred in certifying a class of almost 250,000 plaintiffs alleging violations of the Texas Deceptive Practices Trade Act where none of the class members provided allegations or evidence of ripeness, reliance, causation or actual damages.

Amicus brief filed in support of petition for review filed 4/16/01. Case removed from the Court's active docket to allow the parties to proceed with settlement negotiations 10/8/01. Final fairness hearing of proposed settlement scheduled for 8/19/02. Joint motion to dismiss filed 9/25/02. Joint motion to grant petition for review and dismiss as moot granted 1/30/03.

There may be other actions, but you can start with this and look for others citing it.

Scott R. Jay, Esq.

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Answered on 10/10/07, 11:29 pm


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