Defense Summary Judgment GRANTED, Appealed
Defense of nationwide class action case. Defeated nationwide class certification when trial court denied nationwide class certification based upon lack of factual and legal predominance. Trial court on reconsideration certified a class of approximately 18,000 Washington state purchasers of certain annuity contracts involving alleged failure to credit interest properly. In March 2007, Judge Charles Mertel, GRANTED Northern Life's summary judgment motion thereby dismissing plaintiffs' case with prejudice. Plaintiffs appealed. Court of Appeals overturned summary judgment of dismissal finding that there was a genuine issue of material fact and found that a nationwide class should have been certified by the Trial Court. A Petition for Review by the Washington Supreme Court, filed by Northern Life, is pending.