Articles Posted in Class Action

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Plaintiffs filed a putative class action lawsuit against Black Hills Federal Credit Union and CUNA Mutual Insurance Society for changing their credit disability insurance policy. The complaint alleged that Defendants wrongfully switched the credit disability insurance policies of 4,461 borrowers. Plaintiffs filed a motion for class certification, but the trial court denied the motion, finding that Plaintiffs did not meet the adequacy requirement or the predominance and superiority requirements of the class certification statutes. The Supreme Court reversed, holding that the trial court erred in its application of the class certification statutes to the facts in this case. Remanded for certification of the class. View "Thurman v. CUNA Mut. Ins. Soc'y" on Justia Law

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John Graham, a Canadian citizen, was convicted of felony murder and sentenced to life imprisonment without parole. Graham appealed, raising a number of arguments, including the contention that because he was extradited from Canada on a federal premeditated murder charge, under the specialty doctrine of federal extradition law, the State lacked personal jurisdiction to prosecute him on the State felony murder charge. The Supreme Court affirmed, holding (1) because Canada consented to waive specialty with respect to the state charge at issue, the State had jurisdiction to prosecute Graham for felony murder; (2) the circuit court erred in admitting certain hearsay, but the error was harmless; (3) there was sufficient evidence to sustain a finding of guilt beyond a reasonable doubt; and (4) Graham's life sentence without parole was authorized by statute and was constitutional under the Eighth Amendment. View "State v. Graham" on Justia Law