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Archive for October 31st, 2011

The Colorado Supreme Court’s highly anticipated rulings in four class actions were announced earlier today.  Here are links to the opinions.  I’ll have more commentary on the four decisions soon:

No. 09SC668 – Jackson v. Unocal Corp. – Judgment Reversed (class certification upheld) – Addresses the burden of proof on class certification.

 

No. 09SC1080 – Garcia v. Medved Chevrolet, Inc. Judgment Affirmed (case to be remanded to trial court to conduct rigorous analysis of class certification) – Addresses the circumstances in which the plaintiff in a fraud class action can establish that reliance, injury, and causation can be tried a class-wide basis.

 

No. 10SC77 – State Farm Mut. Auto. Ins. Co. v. Reyher  – Judgment Reversed (denial of class certification upheld) – Addresses the standards for determining whether individual issues predominate and the extent to which the court may consider the merits of a plaintiff’s claims in ruling on class certification.

 

No. 10SC214 – BP America Prod. Co. v. Patterson – Judgment Affirmed (class certification upheld) – Addresses the circumstances in which the plaintiff can prove fraudulent concealment and ignorance of facts giving rise to a claim on a common, class-wide basis.

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