Some courts have experimented with a partial class certification procedure whereby a class is certified to decide certain common issues on liability, and then any class member who wishes to pursue their own claim has to file their own individual lawsuit and prove the remainder of their case on liability and damages. One of the
Florida Law on Class Certification: Has the Florida Supreme Court Changed the Law?
Has there been a “sea change” in Florida class action law making it more favorable to plaintiffs? That is what a dissenting opinion asserts in a recent Florida Supreme Court per curiam decision. If that dissent is accurate, insurers and other large corporations should be prepared to face a potential increase in class action filings…
New Auto Insurance Class Actions Against GEICO and Progressive Focus on State Law Compliance Issues
After Wal-Mart v. Dukes, plaintiffs’ lawyers tend to file more narrowly-tailored, single state class actions, often focusing on insurers’ compliance with state statutes or regulations. Recent filings against GEICO and Progressive, two of the country’s largest auto insurers, are good examples of this trend:
- Davis v GEICO Casualty Company.pdf, Case No. 2012CA005024 (Florida
Class Action on Premium Finance Agreements: Florida Supreme Court Addresses Class Certification
A recent Florida Supreme Court decision addressed class certification in a case involving insurance premium finance agreements, and highlighted several important issues.
In Sosa v. Safeway Premium Finance Co., No. SC09-1849 (Fla. July 7, 2011), the plaintiff claimed that the defendant violated a Florida statute by applying a $20 service charge for a premium…