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Highlights from this issue include:
- Class Action Fairness Removal. The Ninth Circuit held that if a plaintiff files a lawsuit in state court seeking only equitable relief and the case is properly removed to federal court, a defendant can defeat remand on equitable jurisdiction grounds by waiving the adequate-remedy-at-law issue.
- Automobile Insurance. The Ninth Circuit affirmed a district court order denying certification of a class of auto insurance policyholders who alleged Progressive miscalculated the actual cash value of totaled vehicles because it applied a “projected sold adjustment,” which was a reduction to the list prices of comparable vehicles to reflect consumer negotiations. (There are a lot of cases in different jurisdictions advancing this theory and courts are splitting on whether such claims can be certified.)
- Securities. The Ninth Circuit held a district court did not err by considering circumstantial evidence of a price drop immediately after an alleged corrective disclosure in determining whether to certify a class.
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