The e-discovery world is abuzz about the new decision by Magistrate Judge Andrew J. Peck of the Southern District of New York regarding computer-assisted coding. The case is Moore v. Publicis Group, No. 11 Civ. 1279 (ALC) (AJP), slip op. (S.D.N.Y. Feb. 24, 2012). This is an issue of particular interest for Judge Peck
Discovery
Life Insurance Class Action Involving Sales Practices: Denial of Class Certification Affirmed By California Court of Appeal
By Wystan Ackerman on
Posted in Discovery, Life Insurance
The California Court of Appeal recently affirmed a denial of class certification in Fairbanks v. Farmers New World Life Insurance Company. The plaintiffs alleged that Farmers violated the California Unfair Competition Law in connection with its marketing and sales of universal life and flexible universal life policies. The central claim was that Farmers designed…
Taking Discovery From Putative Class Members: New Southern District of California Opinion Weighs In
By Wystan Ackerman on
Posted in Discovery
It is relatively rare for defendants to take discovery from non-named members of the putative class, which generally requires court approval. But such discovery can be quite useful in opposing class certification by highlighting differences in experience and viewpoints among putative class members. Where depositions of a sample of putative class members turn up information…
Insurance Rating Class Action: Sixth Circuit Decision Highlights Several Lessons Broadly Applicable to Insurance Class Actions
By Wystan Ackerman on
Posted in Discovery, Title Insurance
A new Sixth Circuit opinion in two putative class actions involving rates for title insurance demonstrates several lessons generally applicable to insurance class actions. In Randleman v. Fidelity National Title Insurance Company, the plaintiffs claimed that title insurers failed to provide proper discounts for refinancing of mortgages. The applicable Ohio rate manual provided that…