Alabama Mutual Insurance Corporation ("AMIC"), the defendant in an action pending at the Lamar Circuit Court filed by the City of Vernon on behalf of itself and other similarly situated entities, appealed the court's order that certified a class in that action. Vernon stated that it had reached an agreement with AMIC regarding individual claims and therefore no longer wished to pursue them. AMIC filed a response to Vernon's motion in which it argued that the Supreme Court should remand the case to the trial court with instructions to dismiss it because now the case was missing its named representative, and therefore the requirements for a class action could not be met. Vernon argued it had the right to withdraw from the pending litigation, but because the trial court certified the class, the litigation remains viable. Vernon requested time in which to allow the class to name a new representative. The Supreme Court agreed with Vernon that the trial court should have the opportunity to determine whether a new named plaintiff should be certified. "The trial court is the proper entity to decide whether to allow the class members to amend their complaint to substitute a new named plaintiff and to determine whether that plaintiff meets the adequacy requirements in Rule 23(a), Ala. R. Civ. P., so as to represent the class." As such, AMIC's appeal was dismissed, and the case remanded to the trial court for further proceedings. View "Alabama Mutual Insurance Corporation v. City of Vernon et al. " on Justia Law

Several government entities (the class representatives) and all others similarly situated brought a class-action complaint against several online travel companies (OTCs) who marketed hotel rooms in Arkansas and elsewhere via the internet, asserting that the OTCs had failed to collect, or collected and failed to remit, the full amount of gross-receipts taxes imposed by the government entities on hotel accommodations. The circuit court granted the class representatives' motion to certify and certified two classes. The Supreme Court affirmed the circuit court's order granting class certification, holding that the circuit court did not abuse its discretion in (1) certifying the classes where the class representatives and putative class members had no adequate administrative remedies available to exhaust before filing suit; and (2) finding that the predominance requirement for class actions was satisfied.View "Hotels.com LP v. Pine Bluff Advertising & Promotion Comm'n" on Justia Law

Defendant was charged with violating Ohio Rev. Code 4301.69(A), which prohibits the sale of beer to an underage person. At Defendant's trial, the State had difficulty proving what Defendant sold to an informant was beer as defined by statute. The court then took judicial notice that Bud Light was, in fact, beer. Defendant was convicted as charged. The court of appeals reversed and ordered a new trial, concluding that the trial court erred in taking judicial notice of a fact - the alcohol content by volume of Bud Light - that was not something that was "generally known." The Supreme Court reversed and vacated Defendant's conviction, holding that because there was no evidence admitted on the statutory element of the alcohol content of the substance sold by Defendant to the informant, there was insufficient evidence for a conviction, and double jeopardy barred a retrial. View "State v. Kareski" on Justia Law

The Clerk of the Circuit Court of the City of Fredericksburg, filed a putative class action in the federal district court against the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage Corporation (Freddie Mac), alleging that Fannie Mae and Freddie Mac had failed to pay recordation taxes imposed by Code §§ 58.1-801 and -802. The federal court certified to the Virginia Supreme Court two questions: Under Virginia law, does a clerk of court possess statutory standing to initiate a lawsuit, in his official capacity, to enforce the real estate transfer tax; If a clerk of court does possess such authority, does Virginia law authorize him to do so as a class representative on behalf of all clerks of court throughout the Commonwealth? The court answered the first question “no” and did not address the second. The court characterized the clerk’s duties as ministerial and noted the statutory scheme for enforcement of the transfer tax.View "Small v. Fed. Nat'l Mortg. Ass'n" on Justia Law

Appellant Richard Hoover appealed the dismissal of his individual and class action lawsuit against defendants doing business as St. John's Mercy Medical Center. He asserted that the trial court erred in dismissing his petition because it sufficiently stated a cause of action. Finding that Appellant's complaint indeed did sufficiently state a cause of action, the Supreme Court reversed the trial court and remanded the case for further proceedings.View "Hoover vs. Mercy Health" on Justia Law

This interlocutory appeal arose from the district court's order certifying a class in Plaintiff's class action against Defendant, Allstate Insurance Company. Plaintiff's class action claim arose out of the Supreme Court's remand of his initial non-class third-party claim against Allstate in Jacobsen I. In Jacobsen I, Plaintiff filed a complaint against Allstate for, among other causes of action, violations of the Montana Unfair Trade Practices Act. Plaintiff sought both compensatory and punitive damages. The Supreme Court ultimately remanded the case for a new trial. On remand, Plaintiff filed a motion for class certification, proposing a class definition encompassing all unrepresented individuals who had either third- or first-party claims against Allstate and whose claims were adjusted by Allstate using its Claim Core Process Redesign program. The district court certified the class. The Supreme Court affirmed the class certification but modified the certified class on remand, holding that the district court did not abuse its discretion by certifying the Mont. R. Civ. P. 23(a)(2) class action but that the certification of class-wide punitive damages was inappropriate in the context of a Rule 23(b)(2) class. Remanded. View "Jacobsen v. Allstate Ins. Co." on Justia Law

Plaintiffs filed a putative class action lawsuit against Black Hills Federal Credit Union and CUNA Mutual Insurance Society for changing their credit disability insurance policy. The complaint alleged that Defendants wrongfully switched the credit disability insurance policies of 4,461 borrowers. Plaintiffs filed a motion for class certification, but the trial court denied the motion, finding that Plaintiffs did not meet the adequacy requirement or the predominance and superiority requirements of the class certification statutes. The Supreme Court reversed, holding that the trial court erred in its application of the class certification statutes to the facts in this case. Remanded for certification of the class.View "Thurman v. CUNA Mut. Ins. Soc'y" on Justia Law

Appellants, approximately 750 employees, brought a class action against their employers (Employers), alleging five causes of action, including unlawful deductions made in violation of Minn. Stat. 181.79. The jury found Employers did not violate section 181.79. After the verdict, Appellants unsuccessfully requested judgment as a matter of law (JMOL) on their section 181.79 claim. The Supreme Court reversed, holding that Appellants were entitled to JMOL on their claim under section 181.79, as there was no legally sufficient basis for a reasonable jury to find that Employers did not make unlawful deductions from Appellants' wages in violation of section 181.79. Remanded with instructions to enter JMOL in favor of Appellants on liability for their section 181.79 claim.View "Karl v. Uptown Drink, LLC" on Justia Law

A class of Plaintiffs brought suit against Insured, a hotel proprietor, alleging that Insured violated the Telephone Consumer Protection Act (TCPA). The class and Insured subsequently reached a settlement. The class then filed a garnishment action against Insurer. Insurer sought a declaratory judgment that its policy with Insured did not provide coverage because the policy did not cover damages awarded related to the TCPA. The trial found (1) Insurer owed Insured a duty to defend in the class actions because the class's claims were covered under the policy; and (2) Insurer had a duty to indemnify Insured for the full settlement plus interest. The Supreme Court affirmed, holding (1) the trial court correctly determined that Insurer wrongly refused to defend Insured under its policy coverage; (2) Insurer was not entitled to a reassessment of the reasonableness of the settlement; and (3) policy limits did not bar Insurer's indemnification of the settlement.View "Columbia Cas. Co. v. HIAR Holding, LLC" on Justia Law

Plaintiff, who carried health insurance through New West Health Services (New West), was injured in an automobile accident resulting in medical expenses totaling approximately $120,000. The tortfeasor's insurer paid approximately $100,000 of Plaintiff's medical bills. Plaintiff later filed a complaint against New West alleging individual and class claims, asserting that New West failed to pay approximately $100,000 of her medical expenses because the third party liability carrier had paid the majority of the bills. The district court certified the class complaint. The Supreme Court affirmed, holding that the district court did not abuse its discretion by adopting the class definition proposed by Plaintiff and denying New West's motion to modify the class definition.View "Rolan v. New West Health Servs." on Justia Law