Yokoyama v. Midland National Life Insurance Co.
United States Court of Appeals for the Ninth Circuit
594 F.3d 1087 (2010)
- Written by Mary Phelan D'Isa, JD
Facts
Gary Yokoyama (Yokoyama) (plaintiff) sought class certification in his action against the Midland National Life Insurance Company (Midland) (defendant) for its alleged deceptive marketing practices relating to its annuities that were promoted as being appropriate for seniors. Yokoyama specifically relied on Hawaii’s Deceptive Practices Act (HDPA) for his claim. The district court declined to certify the class because it found the claims could not satisfy Federal Rule of Civil Procedure Rule 23(a)(2)’s requirement for common questions of law or fact to the class. The district court specifically based its decision on its belief that under the HDPA, each plaintiff would have to show subjective, individualized reliance on Midland’s alleged deceptive practices in relation to their annuity purchases. Yokoyama appealed.
Rule of Law
Issue
Holding and Reasoning (Schroeder, J.)
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