United States Fourth Circuit

Denial of certification in a class action alleging an insurer's discrimination against plaintiff African-American policyholders by charging them higher premiums than whites for similar insurance policies is affirmed where: 1) the district court did not clearly err in finding that plaintiffs failed to show that a statute of limitations defense could be resolved on a class-wide basis, and 2) the district court correctly held certification was improper under Rule 23(b)(2) because Appellants- requested relief was not predominantly injunctive or declaratory in nature.

Appellate Information

• Decided 02/15/2006
• Published 02/16/2006

Judges

Court

• United States Fourth Circuit

Counsel