Some trial judges have debated whether, when one or more attorneys for a proposed class are accused of ethical misconduct in a case, that is a matter only for the bar authorities or is an appropriate issue for class certification. The Seventh Circuit recently held, quite forcefully, that misconduct by plaintiffs’ counsel is an appropriate
Adequacy
Class Action on Diminution in Value Auto Claims: Recent Denial of Certification Illustrates Application of Wal-Mart v. Dukes to Insurance Class Actions
By Wystan Ackerman on
Posted in Auto Insurance, Class Certification Standards
The recent denial of class certification in Fosmire v. Progressive Max Ins. Co., 2011 U.S. Dist. LEXIS 117366 (W.D. Wash. Oct. 11, 2011) is the second opinion I’ve seen post-Wal-Mart that applies the new standards in detail in an insurance class action. This putative nationwide class action alleged that Progressive improperly failed to…
Inadequacy of Class Counsel As Grounds for Denial of Class Certification: New Seventh Circuit Opinion
By Wystan Ackerman on
Posted in Class Certification Standards
Notwithstanding the wide variation in skill levels within the plaintiffs’ class action bar, denials of class certification based on inadequacy of proposed class counsel are relatively rare. The Seventh Circuit’s recent decision in Gomez v. St. Vincent Health, Inc., 649 F.3d 583 (7th Cir. 2011) caught my eye because there the only ground for…