Ferrell v. Allstate Insurance

OPINION

PICKARD, Judge.

{1} In this case, we review the district court’s decision to certify a multistate class action. We determine that the' district court erred in concluding that New Mexico law should be applied to all class members. We also determine that the ease cannot proceed with the district court applying the laws of the various jurisdictions because, under those circumstances, the action would fail to meet the requirements of Rule 1-023 NMRA as a matter of law. Finally, we address whether the defendant has waived its right to argue on remand or in any subsequent appeal that the…