Allstate Insurance Co. v. Jacobsen
- Case Date: 3/3/2014
- Project Name: Class Action Reform
On May 5, 2014, the U.S. Supreme Court declined to review a Montana Supreme Court decision that certified a massive class action against Allstate Insurance Co. The decision was a setback for WLF, which filed a brief urging review. The suit was filed by one individual unhappy with the way his insurance claim was handled, but the court named him as the representative of a class consisting of every Montana resident who settled a claim with Allstate without the assistance of a lawyer, at any time in the past 20 years. WLF argued that the certification order violates the defendantís Fourteenth Amendment rights to due process of law because, by permitting a jury to issue a single ruling covering all class members, it prevents the defendant from asserting individual defenses to the claims of each class member. WLF argued that the Supreme Courtís 2011 Wal-Mart decision, which prohibits federal courts from certifying classes of this sort, should be extended to state courts.
|Loss; review denied.|
More Information and Downloads:
3/3/2014: Download the Brief