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HICKS v. STATE FARM FIRE AND CAS. CO.

No. 19-5719.

965 F.3d 452 (2020)

Susan HICKS; Don Williams, Plaintiffs-Appellees, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 10, 2020.

Attorney(s) appearing for the Case

ARGUED: Jacob L. Kahn , RILEY SAFER HOLMES & CANCILA LLP, Chicago, Illinois, for Appellant. Erik D. Peterson , MEHR, FAIRBANKS, & PETERSON, Lexington, Kentucky, for Appellees. ON BRIEF: Jacob L. Kahn , Joseph A. Cancila, Jr. , RILEY SAFER HOLMES & CANCILA LLP, Chicago, Illinois, David Klapheke , BOEHL STOPHER & GRAVES LLP, Louisville, Kentucky, for Appellant. Erik D. Peterson , M. Austin Mehr , Philip G. Fairbanks , MEHR, FAIRBANKS, & PETERSON, Lexington, Kentucky, for Appellees. Wystan M. Ackerman , ROBINSON & COLE LLP, Hartford, Connecticut, J. Brandon McWherter , McWHERTER SCOTT BOBBITT PLC, Franklin, Tennessee, for Amici Curiae.

STRANCH, J., delivered the opinion of the court in which GIBBONS, J., joined. McKEAGUE, J. (pp. 466-69), delivered a separate opinion concurring in the judgment in part and dissenting in part.

OPINION

Defendant State Farm Fire and Casualty Company appeals the district court's ruling certifying a class of Kentucky homeowners who allege that State Farm improperly withheld labor depreciation from payments due to them under their insurance policies. Because the district court did not abuse its discretion...

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