Major Home Improvement Retailer Defeats Class Certification

U.S. District Court, Southern District of Florida

Shook, Hardy & Bacon defeated class certification of a putative class action on behalf of home improvement and construction product retailer.

A group of plaintiffs in Florida alleged that The Home Depot USA, Inc. violated the Florida Deceptive and Unfair Practice Act and Florida’s Commercial Code by misleading customers about the damage waiver fees associated with tool and equipment rental contracts. Shook attorneys partnered with other outside counsel to defeat plaintiffs’ attempt to certify the class on behalf of all people in Florida who had rented tools or equipment from Home Depot stores in Florida after November 30, 1999, and who paid damage waiver fees. Plaintiffs' request for class certification was rejected in its entirety. O'Neill v. Home Depot USA, Inc., 243 F.R.D. 469 (S.D. Fla. 2006); Jeff Enterprises, Inc. v. Home Depot USA, Inc., No. 07-cv-60302 (S.D. Fla. 2008).