In April, the Colorado Supreme Court decided Farmers Ins. Exchange v. Benzing, 206 P.3d 812 (Colo. 2009), in which it rejected the “fraud on the market” theory of reliance in a consumer class action. Now, Garcia v. Medved Chevrolet, Inc., No. 09CA1465 (Colo. Ct. App., Nov. 12, 2009), the Colorado Court of Appeals has rejected the [...]
Posts Tagged ‘benzing’
Another Common Reliance Theory Fails in Colorado
Posted in Class Action Decisions, Colorado Class Action News, tagged affiliated ute, benzing, common proof, consumer class action, consumer fraud, fraud on the market, presumed reliance on November 12, 2009 | Leave a Comment »
Colorado Supreme Court Hears Argument in “Fraud on the Market” Consumer Class Action
Posted in Class Action News, Class Action Trends, Colorado Class Action News, tagged benzing, class certification, colorado consumer protection act, colorado supreme court, consumer fraud, consumer protection, fraud on the market, presumption of reliance, price inflation, pritchard, reliance on December 3, 2008 | Leave a Comment »
The Colorado Supreme Court held oral argument today in the case of Farmers Insurance Exchange v. Benzing, No. 07SC483. Audio of the argument is now available at the Colorado Supreme Court’s website. Among the issues in the case is whether the “fraud on the market” theory, and other presumptions of reliance recognized in securities cases, applied [...]
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Practice Tip: Should a Defendant Challenge Certification Early and Often?
Posted in Commentary, Practice Tips, rule 23, Uncategorized, tagged benzing, class certification, decertification, frcp 12, frcp 23, halftime motion, motion for judgment n.o.v., motion to strike class allegations, reconsider, reconsideration, rule 12(b)(6), rule 12(f), rule 23(c)(4), rule 23(f), trial plan on October 28, 2010 | Leave a Comment »
This article is about defending against class certification based on illogical, circular arguments in support of an oversimplified “one-size-fits all” legal theory based on an amalgam of facts that don’t describe any one class member’s actual experience. (In other words, many defense lawyers would say, it’s about what you face in all class actions.) Most class action defense lawyers are aware of numerous procedural devices that [...]
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