A recent decision of the Texas Court of Appeals in Austin (Third District) caught my eye. Not because it involved insurance; rather, it was a securities class action challenging a board of directors’ approval of a corporate transaction. See Brigham Exploration Co. v. Boytim, No. 03-13-00191-CV, 2014 Tex. App. LEXIS 9068 (Tex. Ct. App.
Defenses
Does State Law Vary on Breach of Contract? Yes, as a Recent Denial of Certification Recognizes
By Wystan Ackerman on
Posted in Class Certification Standards, Life Insurance
In seeking to certify multistate and nationwide class actions against insurance companies, plaintiffs’ attorneys often argue that the law of breach of contract is essentially the same nationwide, and therefore class certification is proper. This argument has some appeal to some judges, at least at first blush. As I think back to my contracts class…