Applied Underwriters Urges Neb. Federal Judge to Deny Motion for Class Certification

OMAHA, Neb. — Applied Underwriters Inc. is urging a Nebraska federal judge to adopt a recommendation that Top’s Personnel Inc.’s motion for class certification in an EquityComp workers’ compensation dispute be denied, arguing that none of the Rule 23 requirements have been met.

In a March 6 opposition filed in the U.S. District Court for the District of Nebraska, AUI asserts that Magistrate Judge Cheryl Zwart correctly found that Top’s cannot satisfy the requirements of numerosity, commonality, typicality and adequacy.

Applied Underwriters Captive Risk Assurance Company Inc. (ACURA) and Top's Personnel Inc., a New Jersey company, entered into a reinsurance …