State Farm Mutual Automobile Ins. Co. Dividend Litigation
Team leader in 50 million person class action against State Farm Mutual Automobile Insurance Co. alleging bad faith hoarding of surplus capital and withholding of policyholder dividends. Briefed and second-chaired all aspects of motion practice and related appellate practice leading to several significant appellate decisions, including State Farm Mut. Auto Ins. Co. v. Superior Court, 114 Cal. App. 4th 434 (2003) (California courts properly can try nationwide class against Illinois insurer for bad faith refusal to pay dividends, subject to the Illinois business judgment rule), and State Farm Mut. Ins. Co. v. Superior Court, 121 Cal. App. 4th 490 (2004) (defendant who prevailed on a choice of law question in a writ proceeding is not entitled to peremptorily challenge trial judge on remittitur). Retained, briefed and assisted in development of expert testimony of actuaries, accountants, corporate governance experts and conflict-of-laws experts. Prepared for and defended depositions of representative plaintiffs.