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LARA v. FIRST NATIONAL INSURANCE CO. OF AMERICA

No. 21-35126.

25 F.4th 1134 (2022)

Leeana LARA, on behalf of themselves and all others similarly situated; Cameron Lundquist, Plaintiffs-Appellants, v. FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a New Hampshire Corporation; LM General Insurance Company; CCC Intelligent Solutions Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2022.

Attorney(s) appearing for the Case

John M. DeStefano (argued) and Robert B. Carey , Hagens Berman Sobol Shapiro LLP, Phoenix, Arizona; Steve Berman , Hagens Berman Sobol Shapiro LLP, Seattle, Washington; for Plaintiffs-Appellants.

Theodore J. Boutrous Jr. (argued), Bradley J. Hamburger , Daniel R. Adler , and Matt Aidan Getz , Gibson Dunn & Crutcher LLP, Los Angeles, California; James A. Morsch and Casey T. Grabenstein , Saul Ewing Arnstein & Lehr LLP, Chicago, Illinois; for Defendants-Appellees First National Insurance Company of America, and LM General Insurance Company.

Gregory G. Garre (argued), Marguerite M. Sullivan , Jason R. Burt , and Cherish A. Drain , Latham & Watkins LLP, Washington, D.C.; Samir Deger-Sen , Latham & Watkins LLP, New York, New York; for Defendant-Appellee CCC Intelligent Solutions Inc.

Daniel L. Syhre , Betts Patterson & Mines P.S., Seattle, Washington, for Amici Curiae American Property Casualty Insurance Association, and National Association of Mutual Insurance Companies.

Before: Ronald M. Gould, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.

OPINION

In this auto insurance suit, the district court declined to certify a proposed damages class because it held both that individual questions predominated over common questions and that individualized trials were superior to a class action. Because neither holding was an abuse of discretion, we affirm.<...

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