Tag Archives: Predominance

Ohio Supreme Court Finds Class Certification Inappropriate in Insurance Class Action

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 of … Continue Reading

Amgen v. Connecticut Retirement Plans Supreme Court Opinion: Potential Impact Beyond the Securities Realm

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 prerequisite to class … Continue Reading

Health Insurance Class Action on Out-of-Network Fees: New Jersey Federal Court Addresses Commonality and Predominance in Denying Class Certification

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), 2013 … Continue Reading

Predominance Addressed in New Seventh Circuit Opinion By Judge Posner

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 liability … Continue Reading

Certification of Class Against CIGNA by Pennsylvania Federal Court Illustrates Where Insurance Companies May Have Class Action Exposure Post-Wal-Mart

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 in … Continue Reading