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United States Ninth Circuit


Yokoyama v. Midland Nat'l. Life Ins. Co., 07-16825

In a class action claiming that an insurance company marketed annuities through deceptive practices in violation of Hawaii's Deceptive Practices Act, the denial of class certification is reversed, where there were no individualized issues of subjective reliance under Hawaii law that would defeat commonality.

Appellate Information

  • Argued 11/20/2008
  • Decided 08/28/2009
  • Published 08/28/2009

Judges

  • Before MARY M. SCHROEDER, RICHARD A. PAEZ and N. RANDY SMITH, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • James J. Bickerton, Honolulu, HI, for plaintiff-appellant, Gary Yokoyama, et al.

  • For Appellees:
  • Robert D. Phillips, Oakland, CA, for defendant-appellee, Midland National Life Insurance Co.
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