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State Farm seeks to bar judge
Insurance |
2007/02/23 11:12
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State Farm is asking a federal judge to not be one to certify a class action lawsuit filed against the insurer over Hurricane Katrina damages. State Farm Insurance filed papers on Thursday to have US District Court Judge L.T. Senter, Jr. recused from certifying a class action lawsuit against the company over Hurricane Katrina damages.
The insurer questioned Senter's impartiality as fellow judge John Roper and Terri Brown, a federal court clerk, could be plaintiffs in the class action suit. Senter has already disqualified himself from hearing individual lawsuits involving the two co-workers. Senter, who has not yet ruled on the insurer's recusal motion, is scheduled to hear arguments concerning the State Farm class action bid on Wednesday. In January, a Mississippi jury held State Farm liable for $2.5 million dollars in punitive damages for rejecting a Katrina claim that State Farm said was due to wind before the storm rather than the hurricane itself. In the same month, State Farm agreed to settle with hundreds of Mississipi homeowners, but Senter rejected the proposed settlement. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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