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3rd DCAMarch 22, 2023Affirmed⭐ Notable

Florida Power & Light Company v. Velez

Case No. 3D2022-0181

The Third DCA affirmed certification of a class of FPL customers who lost power after Hurricane Irma, asserting breach of the uniform Tariff and gross negligence. The court held predominance was satisfied because the Tariff is a form contract applying to all customers and FPL's own outage 'cause code' data systems supply a methodology for generalized proof of class-wide liability, and that superiority was met given millions of prospective members with individually uneconomic claims.

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