Tag Archives: dow

Removal Evidence Need Not Be Perfect and Declaratory Relief Alone May Satisfy CAFA Amount-in-Controversy Requirement, says the Eleventh Circuit

Photo of Andrew SamuelsBy Andrew Samuels on Posted in Class Action Fairness Act, Insurance, Rule 23(b)(2) Class Actions
Answering a question left undecided in other circuits, the Eleventh Circuit held in South Florida Wellness, Inc. v. Allstate Insurance Co., No. 14-10001 (Feb. 14, 2014) that a complaint seeking only declaratory relief “can be up to the task” of satisfying the Class Action Fairness Act’s $5 million amount-in-controversy requirement. In an alleged class action … Continue Reading

Individual Causation Issues and Lack of Uniformity in Sales Practices Mean No Certification in Consumer Fraud Class Action

Photo of Darren CrookBy Darren Crook on Posted in Class Certification, Consumer Fraud, RICO
The United States District Court for the Northern District of Illinois recently refused to certify a proposed class in a dispute against an insurance company selling annuities to seniors because individualized inquiries into the company’s sales presentations precluded satisfaction of the predominance criterion required for certification.  In Rowe et al. v. Bankers Life and Casualty … Continue Reading
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