News

Dismissal of Consumer Protection Case Affirmed by Eleventh Circuit

2016 | Category: Significant Cases

EMH partner Jodi Swick represented a life insurance company in an action alleging violations of the California Consumer Legal Remedies Act (“CLRA”) California Unfair Competition Law (“UCL”), and Financial Abuse of an Elder, for improperly canceling a policy for non-payment of premiums and concealing/discouraging the option of selling the Policy on the secondary market. Plaintiff’s case was originally filed in the Los Angeles Superior Court and EMH removed it based on the fraudulent joinder of a non-resident defendant. Plaintiff had previously sued over the same Policy in Florida District Court where his claims were dismissed with prejudice. That dismissal was upheld by the Eleventh Circuit and certiorari was denied by the U.S. Supreme Court. In this case, the court dismissed Plaintiff’s Complaint with prejudice on the grounds that all of Plaintiff’s claims were barred by the doctrine of res judicata, the applicable statute of limitations or both.

 

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