Villaroel v. Recology, 97 Cal. App. 5th 762 (Cal. Ct. App. 2023)
The court of appeals reinstated a class action against a utility by consumers seeking to enjoin unlawful, unfair and fraudulent business practices. The appellate court held that the case was not preempted by the filed rate doctrine. The court also found that a prior enforcement action filed by the attorney general was not res judicata…
Minnesota v. API, 63 F.4th 703 (8th Cir. 2023)
Minnesota sued fossil fuel producers in state court for common law fraud and violations of Minnesota’s consumer protection statutes, alleging misrepresentations about the fuel’s effects on the environment. The companies removed the case to federal court, which remanded it to state court, and the companies appealed. The Eighth Circuit affirmed the remand, noting that all…
Farmers Group Inc. v. Lubin, 222 S.W. 3d 417 (Texas 2007)
The Attorney General of Texas entered into a class action settlement with a group of insurance companies over inadequate disclosures and discrimination in homeowners’ rating practices that allegedly violated the state’s Insurance Code. The court of appeals reversed, holding the Attorney General could not bring a class action under the Insurance Code without naming individual…
