BSP Defeats Class Certification for Pulte Home Company
On April 11, 2017, BSP defeated class certification in Gazzara, et al. v. Pulte Home Corporation, et al., 16-cv-657 (M.D. Fla.), a major victory in the putative ten-year, state-wide, construction defect class action. The Court ruled that plaintiffs had failed to establish that their proposed class was certifiable for a host of reasons, including their failure to establish ascertainability, commonality, predominance, superiority, or a plausible theory of injury or causation. This order followed closely after the district court’s March orders granting Pulte’s motions to exclude both plaintiffs’ experts—extending the string of victories achieved by BSP as class counsel, in partnership with Shutts & Bowen as construction-defect counsel.