Neb. Judge Recommends Denial of Class Certification in Applied Underwriters Case

OMAHA, Neb. — A Nebraska federal magistrate judge has recommended denial of a motion for class certification filed by a former participant in Applied Underwriters workers’ compensation program, concluding that the requirements of numerosity, commonality and typicality have not been met.

In a Feb. 6 order, Magistrate Judge Cheryl R. Zwart of the U.S. District Court for the District of Nebraska further found that former AUI program participants have a greater interest in controlling separate litigation, because they will not be disincentivized by a de minimis recovery.

Applied Underwriters Captive Risk Assurance Company Inc. (ACURA) and Top's Personnel Inc., …