Arbitration/Appraisal

Supreme Court to Decide Whether Class Action Arbitration Is Allowed Where Arbitration Clause Is Silent Regarding Availability of Class ProceedingsOral Argument in Epic Systems Corp. v. Lewis: Class Action Waivers in Employment AgreementsSupreme Court to Hear Class Action Cases Involving Class Action Waivers and Tolling of Statutes of Limitations

Articles

Summer Reading on Insurance Class ActionsStrategies for Removal Under Class Action Fairness Act (CAFA): ABA Corporate Counsel ArticleAnother Article on Recent Developments in Insurance Class Actions

Auto Insurance

Ninth Circuit Finds Class Certification Inappropriate in Case Involving Projected Sold Adjustments on Auto Insurance Total LossesLiability vs. Damages in Class Certification Analysis Addressed by Fifth CircuitIntra-Class Conflict Dooms Auto Insurance Class Action in Fifth Circuit

Class Action Fairness Act

Ninth Circuit Says Post-Removal Amendment Deleting Class Allegations Destroys Federal Jurisdiction Under CAFAExceptions to Class Action Fairness Act Jurisdiction Addressed by First CircuitEleventh Circuit Provides New Guidance on Class Action Settlements

Class Action Settlements

Appeal Bonds: A Strategic Tool in Appeals of Class Action SettlementsAdvisory Committee on Federal Civil Rules Considering Potential Amendments to Class Action Rule and Potential Third-Party Litigation Funding RuleData Breach Class Action Settlement Approval Affirmed by Ninth Circuit with Attorneys’ Fee Award Reversed and Remanded

Class Certification Standards

Consumer Deception and Price Inflation Case: Eighth Circuit Reverses Class Certification Based on Individualized IssuesAdvisory Committee on Federal Civil Rules Considering Potential Amendments to Class Action Rule and Potential Third-Party Litigation Funding RuleNinth Circuit Finds Class Certification Inappropriate in Case Involving Projected Sold Adjustments on Auto Insurance Total Losses

Defense Strategy

Consumer Deception and Price Inflation Case: Eighth Circuit Reverses Class Certification Based on Individualized IssuesNinth Circuit Finds Class Certification Inappropriate in Case Involving Projected Sold Adjustments on Auto Insurance Total LossesNew Texas Supreme Court Decision Highlights Several Defense Strategies for Defeating Class Certification

Disability Insurance

Injunctive Relief in Insurance Class Actions: New Third Circuit Decision Raises Interesting Issues

Discovery

Are Defendants Required To Create Datasets to Respond to Discovery Requests in Class Actions?Insights From FDCC Program On December 2015 Amendments To Federal Rules of Civil Procedure2015 Amendments to Federal Rules – Impact on Class Actions

ERISA

Rules Enabling Act Key to New Ninth Circuit Decision on Class CertificationSupreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification

Health Insurance

Health Insurance Class Action on Out-of-Network Fees: New Jersey Federal Court Addresses Commonality and Predominance in Denying Class CertificationDiscovery By Objectors to Class Action Settlement: Montana Supreme Court Opens Door to DiscoveryDeclaratory Relief Class Actions Under Rule 23(b)(2): Sixth Circuit Issues Significant Opinion in Health Insurance Class Action

Injunctions

Rule 23(b)(2) and Fail-Safe Classes Addressed By Fifth CircuitPreliminary Injunctions in Insurance Class Actions: Is Losing "Peace of Mind" from Insurance Irreparable Harm?Preliminary Injunctions in Insurance Class Actions: California Federal Court Enjoins Life Insurer From Implementing Rate Increase

Life Insurance

Retained Asset Account ERISA Class Action: First Circuit Overturns Judgment in Favor of PlaintiffsLife Insurance Retained Asset Account Class Action: Seventh Circuit Affirms DismissalLife Insurance Retained Asset Accounts: New District of Massachusetts Decision

Mass Litigation

Thoughts On Mass Litigation of Insurance Claims Following Catastrophes

Products Liability

Ascertainability Not Required In Ninth Circuit, But Manageability Remains

Property Insurance

Auto Insurance Total Loss Class Action: Ninth Circuit Affirms Denial of Class CertificationUpcoming Webinar on COVID-19 Business Interruption Insurance Class ActionsLabor Depreciation Class Action: New Eighth Circuit Decision

Seminars/Programs

Upcoming Webinar on COVID-19 Business Interruption Insurance Class ActionsHighlights From DRI Class Action Seminar 2017 – Day TwoHighlights From DRI Class Action Seminar 2017 – Day One

Standing

Supreme Court to Decide Key Question of Whether Rule 23(b)(3) Class May Be Certified if Some Proposed Class Members Lack any Article III InjuryWhat is Required to Allege Standing in Cases Alleging Invasion of Privacy? Third Circuit Weighs In.

Subrogation

Subrogation Class Action Involving Climate Change-Related Claims Filed By Farmers Insurance

Title Insurance

Title Insurance Class Action Decertified Based On Wal-Mart v. DukesTitle Insurance Class Action on Reissue Premium Discounts: Kentucky Court of Appeals Affirms Class CertificationTitle Insurance Class Action: Fifth Circuit Illustrates Analysis of Proposed Common Questions Under Wal-Mart v. Dukes

Trials

Insights from 2013 DRI Class Action Seminar - Day 2Insights from 2013 DRI Class Action Seminar - Day 1Trial of Class Actions With Statistical Evidence: California Court of Appeal Follows Wal-Mart v. Dukes In Rejecting "Trial By Formula"

Uncategorized

Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class CertificationBlog Name Change: Welcome To Class Actions InsiderInsights from DRI Class Action Seminar 2015 - Part 2