Plaintiffs’ lawyers seeking to certify classes against insurance companies are likely to frequently cite the Sixth Circuit’s recent decision in Young v. Nationwide Mutual Insurance Company, Nos. 11-5015 et al., 2012 U.S. App. LEXIS 18625 (6th Cir. Sept. 5, 2012). Although the opinion does not make it clear, this decision appears to conflict with
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Amount in Controversy Under CAFA: New Ohio Decision Illustrates Importance Of Tailoring Data To The Proposed Class Where Possible
By Wystan Ackerman on
Posted in Class Action Fairness Act, Life Insurance
One challenge defendants and their counsel face early in defending a putative class action filed in state court, assuming they would prefer to litigate in federal court, is how to show that the $5 million amount in controversy requirement is satisfied. This must be done quickly so that the removal can be timely filed within…
Medical Payments Under Auto Policies: New Class Action Filing Against Nationwide
By Wystan Ackerman on
Posted in Auto Insurance
I came across an interesting new class action suit against Nationwide, filed in the Northern District of Ohio on May 5, 2011. The complaint in Roche v. Nationwide Mutual Insurance Company was filed by a chiropractor who claims to be an assignee of insureds. (I don’t have a link to the complaint, but e-mail me…