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Ninth Circuit Overturns Denial of Class Certification in Action Involving Sale of Annuities to Senior Citizens; Orders Class Certified |
September 4, 2009
Previously published on August 31, 2009
On August 28, 2009, the U.S. Ninth Circuit Court of Appeals reversed the denial of class certification in Yokoyama v. Midland Nat'l. Life Ins. Co., 07-16825 (9th Cir. 2009), an action challenging the sale of deferred annuities to senior citizens. Plaintiffs alleged three violations of Hawaii's Deceptive Practices Act (the Act): (1) that the products were inherently unfair or deceptive; (2) that the products were marketed in such a way as to make them unfair or deceptive; and (3) that the products were inherently unsuitable when sold to seniors. The district court denied certification largely on the basis that the Act required showings of individual reliance; the court of appeals held that no such showings were required and directed that a class be certified.
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