Current date: Sunday, September 5, 2010

Firm Defeats Class Certification
Friday, Sep 7th, 2007
Firm members Walt Gilmer and Archie Reeves recently successfully defended a life insurance company in an action alleging fraudulent sales/marketing practices and seeking class action status. Following extensive briefing and an evidentiary class certification hearing, the court denied the plaintiffs' motion for class certification. The plaintiffs had sought to certify a class comprised of all Alabama residents who had surrendered one or more of the company's whole life insurance policies for a universal life policy. Agreeing with the arguments advanced on behalf of the defendant insurer, the court found, among other things, that the plaintiffs could not establish the commonality or typicality requirements of Rule 23(a)(2) and (3).


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