The Ohio Supreme Court recently issued an opinion reversing the certification of a class in a case against State Farm involving repair vs. replacement of windshields on auto claims. In Cullen v. State Farm Mutual Automobile Ins. Co., 2013 Ohio 4733 (Ohio Nov. 5, 2013), the plaintiffs alleged that State Farm had a practice
Predominance
Amgen v. Connecticut Retirement Plans Supreme Court Opinion: Potential Impact Beyond the Securities Realm
By Wystan Ackerman on
Posted in Class Certification Standards
Earlier this week, the U.S. Supreme Court issued its opinion in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 (slip opinion). In a 6-3 decision, the Court held that, in a securities fraud class action under Section 10(b) and Rule 10b-5, the plaintiff need not prove materiality as a…
Health Insurance Class Action on Out-of-Network Fees: New Jersey Federal Court Addresses Commonality and Predominance in Denying Class Certification
By Wystan Ackerman on
Posted in Health Insurance
A recent decision on class certification by a New Jersey federal court addressed commonality and predominance in a manner that may have significant implications for health insurance class actions generally, and its impact could extend more broadly to other insurance class actions. Franco v. Connecticut General Life Insurance Company, Case No. 07-cv-6039 (SRC) (PS)…
Predominance Addressed in New Seventh Circuit Opinion By Judge Posner
By Wystan Ackerman on
Posted in Class Certification Standards
The class action world is abuzz with discussion of Judge Posner’s recent opinion for the Seventh Circuit in Butler v. Sears, Roebuck & Co., Nos. 11-8029, 12-8030, 2012 U.S. App. LEXIS 23284 (7th Cir. Nov. 13, 2012). This decision, finding class certification appropriate in a product defect case, could have reverberations beyond the products…
Certification of Class Against CIGNA by Pennsylvania Federal Court Illustrates Where Insurance Companies May Have Class Action Exposure Post-Wal-Mart
By Wystan Ackerman on
Posted in Class Certification Standards, Health Insurance
A recent certification of a class against CIGNA in the Eastern District of Pennsylvania is a good example of the type of issue on which insurers may continue to have significant class action exposure following the Supreme Court’s decision in Wal-Mart (see my blog post on Wal-Mart). This decision has received fairly extensive coverage…