Neb. Judge Denies Motion for Class Certification in Applied Underwriters Case

OMAHA, Neb. — A Nebraska federal judge has denied Top’s Personnel Inc.’s motion for class certification in an Applied Underwriters EquityComp workers’ compensation dispute, agreeing with a magistrate judge that none of the Rule 23 requirements have been met.

In a March 14 order, Judge John M. Gerrard of the U.S. District Court for the District of Nebraska 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 participation agreement (RPA) on Dec. 14, 2011, which related …