A recent decision by the Eastern District of California addressed several significant issues in a putative class action alleging that an insurer improperly failed to cover the cost of replacing seatbelts after serious auto accidents. In Watts v. Allstate Indemnity Company, No. CIV. S-08-1877 LKK/GGH, 2013 U.S. Dist. LEXIS 7407 (E.D. Cal. Jan. 17
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New Ninth Circuit Decision Explains Application of Wal-Mart v. Dukes
By Wystan Ackerman on
Posted in Class Certification Standards
A recent Ninth Circuit decision remanded a class certification order for reconsideration in light of Wal-Mart v. Dukes. The court made several key points about consideration of the merits, evaluation of expert testimony at the class certification stage, and Rule 23(b)(2).
In Ellis v. Costco Wholesale Corp., 2011 U.S. App. LEXIS 19060 (9th…
Walmart Opinion by the Supreme Court: Impact on the Insurance Industry and Beyond
By Wystan Ackerman on
Posted in Class Certification Standards
Class action law has changed. Nearly every brief and decision on class certification will now cite the Supreme Court’s opinion in Wal-Mart Stores, Inc. v. Dukes, the Court’s most important decision on class actions in decades. It substantially raises the bar for plaintiffs to obtain class certification in all types of class actions, and…