STORY FROM: Reinsurance & Arbitration

Top’s Objects to Recommendation that Class Certification in Applied Underwriters Case be Denied

OMAHA, Neb. — Top’s Personnel Inc. has objected to a Nebraska federal magistrate judge’s recommendation that its motion for class certification in an Applied Underwriters Inc. (AUI) fraud case be denied, arguing that the requirements of numerosity, commonality and typicality have been met.

In a Feb. 20 brief filed in the U.S. District Court for the District of Nebraska, Top’s further argued that Magistrate Judge Cheryl R. Zwart erred in relying upon a California court’s refusal to certify a proposed class in a similar AUI case because that ruling narrowly focused on only one Rule 23 factor.

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