Two recent Fourth District Court of Appeal cases affirmed the denial of class certification. Kaldenbach v. Mutual of Omaha Life Insurance Co., 178 Cal.App.4^th 830 (2009), was one of the first cases to address the California Supreme Court’s decision in the In re Tobacco II Cases, 46 Cal. 4^th 298 (2009). Evans v. Lasco Bathware, Inc., 178 Cal.App.4^th 1417 (2009), held that differences in damages could be a reason for denying class certification.
Continue Reading Fourth District Court of Appeal Upholds Two Denials of Class Certification: Addresses In Re Tobacco Cases and Acknowledges Differences in Damages Can Defeat Certification