Florida Power & Light Company v. Velez
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.
Key facts
- Florida Power & Light Company customers brought a class action against FPL for breach of the uniform Tariff and gross negligence following widespread power outages after Hurricane Irma.
- Trial court certified the class; FPL appealed.
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Why it matters
This is a significant Florida class certification decision endorsing 'data-driven' certification theories — plaintiffs may rely on a defendant's own business records and coding systems as the methodology for class-wide… — full analysis with a trial
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