A recent Texas Supreme Court decision in a class action caught my eye because it addressed several significant class certification issues, including one that I’ve seen regularly and another that the court analyzed in a new...more
6/3/2024
/ Article III ,
Class Action ,
Class Certification ,
Department of Transportation (DOT) ,
Injunctive Relief ,
Injury-in-Fact ,
Insurance Claims ,
Insurance Litigation ,
Putative Class Actions ,
Standing ,
TX Supreme Court ,
USAA
A recent Ninth Circuit decision highlights the importance of the defendant clearly pleading the basis for alleging the amount in controversy in a notice of removal under the Class Action Fairness Act (CAFA). In this case,...more
The legal media have been inundated with articles by lawyers who represent policyholders and insurance companies discussing business interruption claims arising from the COVID-19 pandemic. Some of this discussion has carried...more
One practice that has plagued the insurance industry in recent years has been contractors soliciting homeowners to make insurance claims after a hailstorm, for example, and then obtaining an assignment of rights to the claim...more
A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an...more
2/11/2020
/ Attorney's Fees ,
Auto Insurance ,
Class Action ,
Class Certification ,
Damages ,
Denial of Insurance Coverage ,
FRCP 23(b)(3) ,
Injunctive Relief ,
Insurance Claims ,
Insurance Litigation ,
Likelihood of Harm ,
Mootness ,
Policy Terms ,
Putative Class Actions ,
Superiority Claims ,
Treble Damages