Publication Details
Lubin Olson Gets Consumer Class Action Thrown Out
Lubin Olson scored a major victory on behalf of Hartford Financial Services Group and related companies in Cantrall v. Hartford Financial Services Group (9th Cir. Case No. 12-17319, January 14, 2015). In that case, the Ninth Circuit Court of Appeal affirmed the district court's dismissal of a consumer class action on statute of limitations grounds. Litigation partner Ellen Cirangle represented the Hartford defendants.
In Cantrall, a diversity putative class action, the named plaintiff sued several affiliated Hartford entities on behalf of a class of California consumers. The plaintiff alleged that the class had been charged higher rates for cell phone insurance from 2001 to 2005 than those disclosed by the Hartford defendants in filings with the California Department of Insurance. In affirming the district court's dismissal of the action on statute of limitations grounds, the Ninth Circuit rejected the plaintiff's fraud claims and her arguments as to why the statutes of limitation should be tolled under the discovery rule and the doctrine of equitable estoppel.
To review the Ninth Circuit's opinion, click the link below.
