Legal Opinion

Van West v. Midland National Life Insurance

District Court, D. Rhode Island

Decided March 19, 2001No. CA 98-076-TPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

TORRES, Chief Judge.

James Van West brought this action alleging that Midland National Life Insurance Company (“Midland”) made false representations that induced him to purchase one of Midland’s “vanishing premium” life insurance policies.

Van West has moved, pursuant to Fed. R.Civ.P. 23(b)(3), to certify the case as a class action. That motion is denied, primarily, because the questions common to members of the proposed class do not predominate over the questions affecting only its individual members.

Background

The allegations in the complaint essentially are as follows.…

2Cases cited15 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. In Re: The Prudential Insurance Company Of America Sales Practices LitigationCourt of Appeals for the Third Circuit · 1998
  4. Baby Neal v. CaseyCourt of Appeals for the Third Circuit · 1994
  5. Mary Jane Forbush v. J.C. Penney Company, Inc., Pension PlanCourt of Appeals for the Fifth Circuit · 1993

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3Cited by14 opinions

  1. In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationDistrict Court, S.D. New York · 2002
  2. In re Initial Public Offering Securities LitigationDistrict Court, S.D. New York · 2004
  3. Dunnigan v. Metropolitan Life InsuranceDistrict Court, S.D. New York · 2003
  4. In re Lupron Marketing & Sales Practices LitigationDistrict Court, D. Massachusetts · 2005
  5. Fogarazzo v. Lehman Bros.District Court, S.D. New York · 2005

9 more not listed; retrieve them via the Exa API.

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