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Keywords

lawsuitplaintiffmotiontax lawclass actionunjust enrichmentcivil procedure
plaintiffdefendantmotiontax lawclass actioncivil procedure

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County of Monroe, Fla. v. Priceline.com, Inc., 265 F.R.D. 659, 22 Fla. L. Weekly Fed. D 231

Facts

The County of Monroe, Florida, filed a lawsuit on behalf of a putative class of Florida counties that enacted tourist development tax laws but allegedly did not receive the amounts due from various online travel companies. The County claimed that the OTCs used a 'merchant model' to sell hotel rooms at retail prices while only collecting taxes on the wholesale rates, thus violating the TDT laws. The court previously ruled that the County's amended complaint sufficiently stated claims for violation of the County Code, conversion, and unjust enrichment.

Briefly, Plaintiff, the County of Monroe, Florida (“the County”) brings this action on behalf of a putative class of Florida counties that have enacted tourist development taxes (“TDT”), and that allegedly have not received the amounts due from Defendants—various online travel companies, or “OTCs”—under those tax laws.

Issue

Whether the County of Monroe and the putative class of Florida counties met the requirements for class certification under Federal Rule of Civil Procedure 23.

Whether the County of Monroe and the putative class of Florida counties met the requirements for class certification under Federal Rule of Civil Procedure 23.

Rule

To certify a class action, the named plaintiffs must have standing, and the putative class must meet the requirements of numerosity, commonality, typicality, and adequacy of representation as specified in Rule 23(a), as well as at least one of the requirements set forth in Rule 23(b).

For a district court to certify a class action, the named plaintiffs must have standing, and the putative class must meet each of the requirements specified in Federal Rule of Civil Procedure 23(a), as well as at least one of the requirements set forth in Rule 23(b).

Analysis

The court analyzed the requirements for class certification and found that the County and all members of the putative class had standing, the numerosity requirement was satisfied with fifty-nine counties, and the commonality, typicality, and adequacy of representation requirements were also met. The court concluded that common questions of law or fact predominated and that class action treatment was the superior method for resolving the controversy.

The court analyzed the requirements for class certification and found that the County and all members of the putative class had standing, the numerosity requirement was satisfied with fifty-nine counties, and the commonality, typicality, and adequacy of representation requirements were also met.

Conclusion

The District Court granted the County's motion for class certification, allowing the case to proceed as a class action against the OTCs.

Motion granted.

Who won?

The County of Monroe prevailed in the case because it successfully demonstrated that all requirements for class certification were met, allowing the class action to proceed.

The County of Monroe prevailed in the case because it successfully demonstrated that all requirements for class certification were met, allowing the class action to proceed.

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