Legal Opinion

Clark v. State Farm Mutual Automobile Insurance

Court of Appeals for the Tenth Circuit

Decided December 29, 2009No. 07-1454, 07-1466PublishedCited by 29 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

In this appeal, we must determine whether a case may proceed as a class action even though the named plaintiffs claim became moot before he filed a motion for class certification. We conclude that the case may not proceed.

In August 2000, Ricky Eugene Clark filed a class action complaint in Colorado state court naming State Farm Mutual Automobile Insurance Company as the defendant. The complaint sought reformation of an automobile insurance contract and damages under various contract, tort, and statutory causes of action. The case was removed to federal court, spent…

2Cases cited29 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  3. Sosna v. IowaSupreme Court of the United States · 1975
  4. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  5. Franks v. Bowman Transportation Co.Supreme Court of the United States · 1976

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

3Cited by29 opinions

  1. Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson CountyTexas Supreme Court · 2012
  2. Thomas v. Metropolitan Life InsuranceCourt of Appeals for the Tenth Circuit · 2011
  3. Sebastian Richardson v. Director Federal Bureau of PriCourt of Appeals for the Third Circuit · 2016
  4. Bishop v. SmithCourt of Appeals for the Tenth Circuit · 2014
  5. Lucero v. Bureau of Collection Recovery, Inc.Court of Appeals for the Tenth Circuit · 2011

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

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