Tag Archives: California

Statistical Sampling in Class Actions Addressed By California Supreme Court

Back in February of 2012, I wrote a blog post about a California Court of Appeal decision addressing the use of statistical sampling in class actions.  The California Supreme Court recently granted review and affirmed the Court of Appeal’s decision that the trial court improperly allowed the case to be tried based on statistical evidence … Continue Reading

Depreciation Class Action: California Superior Court Grants Class Certification

Back in May of 2011, I wrote on this blog about a new class action in California against Farmers involving claims of improper application of depreciation on property insurance claims, allegedly in violation of a California statute and regulation that govern application of depreciation (see my May 17, 2011 blog post).  In a similar case … Continue Reading

Preliminary Injunctions in Insurance Class Actions: Is Losing “Peace of Mind” from Insurance Irreparable Harm?

Two recent California federal court decisions have held that insureds’ loss of “peace of mind” when life insurance policies lapse constitutes irreparable harm sufficient to warrant granting a preliminary injunction where the other requirements for a preliminary injunction are found to be satisfied.  In an April 26, 2012 blog post, I wrote about Yue v. … Continue Reading

Trial of Class Actions With Statistical Evidence: California Court of Appeal Follows Wal-Mart v. Dukes In Rejecting “Trial By Formula”

Issues regarding the use of statistical evidence at trial of a class action were recently addressed by the California Court of Appeal, First Appellate District, in Duran v. U.S. Bank Nat’l Ass’n, 2012 Cal. App. LEXIS 107 (Cal. Ct. App. Feb. 6, 2012).  The court concludes that the trial of an employment class action (seeking … Continue Reading

Class Action on Labor Rates for Auto Repairs: California Court of Appeal Upholds Denial of Certification

In recent years there has been a significant amount of class action litigation in various jurisdictions regarding labor rates for repairs on auto claims.  The California Court of Appeal, Second Appellate District, recently affirmed a denial of class certification in one of these cases, focusing on the fact that the insurer handled each claim in … Continue Reading

Life Insurance Class Action Involving Sales Practices: Denial of Class Certification Affirmed By California Court of Appeal

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 and … Continue Reading

Appraisal Under Property Insurance Policies: California Court of Appeal Rules That Trial Courts Have Discretion To Defer Appraisal Until After Resolution Of Declaratory Judgment Claim

The California Court of Appeal recently held in a putative class action that trial courts have discretion to defer an appraisal (which is similar to arbitration but limited to resolution of the amount of a property insurance loss) until after resolution of a declaratory judgment claim.  The court did not address what impact that may … Continue Reading

Claims of Improper Depreciation Are Focus of New Class Action Against Farmers Insurance In California

Property insurance companies should review their practices with respect to depreciation in California following a new class action lawsuit filed against Farmers Insurance Company in Los Angeles Superior Court.  It looks like this case may remain in the state court because the defendants are California companies and the class is limited to California residents. The … Continue Reading