Eighth Circuit Denies Class Certification of UCL Cause of Action Despite Tobacco II's Holding

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In Avritt v. Reliastar Life Ins., __ F.3d__ (8th Circ. 8-12-2010), the Eighth Circuit Court of Appeal affirmed an order denying class certification of a putative class of California annuity investors who were allegedly misled by the defendant. The opinion re-affirms the federal rules that require the plaintiff to show that it can prove reliance and damages on a class-wide basis before the court certifies a class while simultaneously limiting the persuasive authority of Tobacco II.

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Sheppard Mullin Richter & Hampton LLP on:

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