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Class Action › Allstate

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Jackson Lewis P.C.

Eleventh Circuit Highlights Importance of Unambiguous Disclaimers in SPDs

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The Eleventh Circuit recently affirmed an Alabama district court’s decision granting summary judgment in favor of Allstate Insurance Company in a consolidated ERISA class action challenging Allstate’s decision to stop paying...more

Sheppard Mullin Richter & Hampton LLP

The Puzzle Of Enforcing Class Action Bars PostShady Grove

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Despite the significant passage of time since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, courts continue to wrestle with whether state statutory class action bars are...more

BakerHostetler

Ninth Circuit First to Take Up Offers of Judgment After Campbell-Ewald

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As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named plaintiff full...more

Morrison & Foerster LLP - Class Dismissed

No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims

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On April 12, 2016, in Chen, et al. v. Allstate Insurance Co., No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil Procedure 68 to fully...more

Sheppard Mullin Richter & Hampton LLP

Mooting Class Actions by Offer of Judgment – Episode 2: The Ninth Circuit Strikes Back

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In Campbell-Ewald v. Gomez, 136 S. Ct. 663 (Jan. 20, 2016), the Supreme Court resolved a split among courts and held that an unaccepted settlement offer of complete individual relief does not moot the plaintiff’s lawsuit. ...more

Seyfarth Shaw LLP

Court Insures Allstate Against Unsound Trial Plan Mayhem

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Allstate Insurance Company “insured” a major victory last week in an off the clock class action pending in Los Angeles Superior Court, vindicating employers’ argument that plaintiffs cannot simply intone the magical...more

Pullman & Comley, LLC

Price Optimization Class Actions Produce First Rulings

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In recent weeks, two courts ruled on motions to dismiss the first wave of class action lawsuits based on alleged price optimization of auto insurance rates. In both Stevenson v. Allstate Ins. Co., No. 15-cv-04788 (N.D. Cal....more

Mayer Brown

Why Shady Grove Should Be No Impediment To Obtaining Bifurcation In Federal Court

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As we have noted in prior posts, many states require courts to bifurcate punitive damages trials upon the defendant’s request. The question therefore arises whether a federal court sitting in diversity must or, at least...more

Burr & Forman

State Bans on Consumer Class Actions in Jeopardy

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Numerous states have adopted statutory bans on “unfair” or “deceptive” trade practices. When state legislature enacted those statutes, most of them decided to let consumers sue directly for damages. However, many state...more

Carlton Fields

Eleventh Circuit Holds Rule 23 Trumps State Law Precluding Private Class Actions

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The Alabama Deceptive Trade Practices Act’s (ADTPA) restriction on private class actions does not apply in federal court. Federal Rule 23 controls. That’s what the Eleventh Circuit recently held, relying on Shady Grove...more

Carlton Fields

Ninth Circuit Approves Statistical Sampling And Affirms Certification Of Overtime Class

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The Ninth Circuit recently affirmed certification of a class of an estimated 800 current and former California-based Allstate Insurance Company adjusters who allege that Allstate has a practice or unofficial policy of...more

BakerHostetler

Due for review? The Allstate Insurance Co. v. Jacobsen certiorari petition frames state-court class action due process debate for...

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Almost three decades ago, the U.S. Supreme Court explained that state courts had to extend fundamental due process protections to absent class action members. Now, a new petition for certiorari review presents the Court with...more

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