Cullen v. State Farm Mutual Automobile Ins. Co.
- Case Date: 4/2/2012
- Project Name: Class Action Reform
On August 20, 2012, WLF filed a brief in the Supreme Court of Ohio, urging it to overturn a lower-court decision that certified a large class action. The suit was filed by a single policyholder whose chipped windshield was repaired by the defendant insurance company and who later decided that the defendant should have provided him with cash equal to the cost of replacing his windshield. The trial court certified him as the representative of a class of 100,000 Ohio residents whose windshields were repaired over the course of 20 years. WLF argued that the plaintiff failed to show that the case could manageably be tried as a class action. He failed to demonstrate that common questions of fact predominate over individual questions – an absolute prerequisite for certification of a class action seeking money damages, WLF argued. It asserted that when each plaintiff’s claim turns largely on facts unique to him, the case is too unwieldy to be tried as a class action.
More Information and Downloads:
11/5/2013: Download Decision
8/20/2012: Download the Brief
4/2/2012: Download the Brief