Jacobsen v. Allstate Insurance

¶93 I agree that the District Court erred in certifying class-wide punitive damages relief under M. R. Civ. P. 23(b)(2). The Court’s attempt to preserve the class certification order is flawed, however, because it still leaves in place a class claim that cannot meet the requirements of Rule 23(b)(2).

¶94 As a preliminary matter, regarding Rule 23(a), I disagree with the Court’s statement that Wal-Mart has raised “dual questions” that require some future case for our clarification. Opinion, ¶¶ 32-33. First, no party in this case has disputed that Wal-Mart’s analysis of the commonality element…