Authored by Wystan Ackerman, the head of the Class Action Team at Robinson & Cole, the Insurance Class Actions Insider provides readers with in-depth insight on prominent insurance class action litigation and other developments impacting insurers. Ackerman goes beyond offering dry case summaries and instead offers readable and compelling guidance to readers on what they can learn from the developments being discussed.
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I recently posted about a new article in the Defense Research Institute’s For the Defense publication, addressing the apex doctrine, in which courts have placed limits on depositions of senior executives of corporations and high-ranking government officials. Shortly after publishing...
Class Action Involving Underinsured Motorist (UIM) Coverage: Illinois Federal Court Denies Motion to Dismiss In Case Alleging Illusory Coverage
Do insurance companies charge premiums for coverage that can never be triggered? That is the essential allegation in Keeling v. Esurance Ins. Co., 2012 U.S. Dist. LEXIS 26998 (S.D. Ill. Mar. 1, 2012). In my October 4, 2011 blog post, I wrote about a Seventh Circuit decision finding...
After Wal-Mart v. Dukes, some commentators have suggested that plaintiffs’ attorneys are likely to file more class actions seeking exclusively declaratory or injunctive relief, on the theory that it might be easier to obtain certification of those cases. Prof. Jack Coffee of Columbia...
The e-discovery world is abuzz about the new decision by Magistrate Judge Andrew J. Peck of the Southern District of New York regarding computer-assisted coding. The case is Moore v. Publicis Group, No. 11 Civ. 1279 (ALC) (AJP), slip op. (S.D.N.Y. Feb. 24, 2012). This is an issue...
Is Notice Required to Bind Absent Class Members Under Rule 23(b)(2)? Federal Circuit Says Yes In Case Involving Judicial Salaries
The Federal Circuit recently held that individual notice to absent class members is required to bind them to a judgment in a class action certified under Rule 23(b)(2), at least where the claims are monetary in nature. This case is particularly significant for a defendant faced with a class...
This month’s For the Defense magazine published by the Defense Research Institute has an interesting article by Christopher M. Tauro and Kip J. Adams entitled “Use of the Apex Doctrine.” The article has a comprehensive survey of the law regarding protecting high-level...
Class Certification After Wal-Mart v. Dukes: New Seventh Circuit Opinion On Injunctive Relief Under Rule 23(b)(2) and Issues Classes Under Rule 23(c)(4)
Classes can still be certified post-Wal-Mart, even in large employment discrimination cases. That seemed to be the message delivered by Judge Posner in his opinion for the Seventh Circuit in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639, slip op. (7th Cir. Feb....
Decertification Likely Has Binding Effect, But Can Defendants Give a Denial of Certification the Same Effect?
A recent opinion by the Western District of Pennsylvania reminded me of an interesting wrinkle of class action law: the decertification of a class that was previously certified typically has binding impact on the class members, preventing further attempts to seek certification of the same or...
I recently came across two new auto insurance class actions filed in West Virginia and Oklahoma, which I thought would be of interest to readers of my blog: Smith v. State Farm Mutual Automobile Insurance Company, Civil Action No. 12-C-38 (Circuit Court of Ohio County, West Virginia), removed to...
Life Insurance Class Actions on Retained Asset Accounts: New Decisions By Maine and Pennsylvania Federal District Courts
Those readers who have followed my blog regularly will be familiar with my prior posts regarding class actions involving life insurers’ use of “retained asset” or “checkbook” accounts. Under this arrangement, the insurer pays the proceeds of a life insurance...