Legal Opinion
Berry v. Federal Kemper Life Assur. Co.
New Mexico Court of Appeals
Decided July 23, 2004No. 23,186PublishedCited by 30 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Judge.
{1} The district court certified a nationwide class action against Federal Kemper Life Assurance Company (Kemper) seeking damages assertedly caused by Kemper’s modal premium program for life insurance policies. Kemper appealed from the certification order pursuant to Rule 1-023(F) NMRA 2004. Affirming in part and reversing in part, we address a number of issues of first impression under New Mexico’s class action rule, including: (1) standards for consideration of Rule 1-023(A) requirements of numerosity, commonality, typicality, and adequate representation; (2) the…
2Cases cited89 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
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3Cited by30 opinions
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- Porcell v. Lincoln Wood Products, Inc.District Court, D. New Mexico · 2010
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