No. 20-201

Debe Olson v. Farmers New World Life Insurance Company, et al.

Lower Court: Fifth Circuit
Docketed: 2020-08-20
Status: Denied
Type: Paid
Tags: 14th-amendment civil-procedure class-action due-process equitable-tolling motion-to-dismiss notice rule-23 rule-23(e)-frcp
Key Terms:
DueProcess FourthAmendment ClassAction
Latest Conference: N/A
Question Presented (AI Summary)

Whether the trial court improperly granted a Motion to Dismiss the putative class because there was no notice to the putative class and therefore no right to be heard violating the putative class's rights to due-process,notice,14th-amendment,rule-23(e)-frcp

Question Presented (OCR Extract)

QUESTIONS PRESENTED One: Whether the trial court improperly granted a Motion to Dismiss the putative class because there was no notice to the putative class and therefore no right to be heard violating the putative class’s rights to due process and notice under the 14th Amendment and Rule 23(e) FRCP? Two: Whether equitable tolling applies and this case should be differentiated from Resh v. China Agritech because there was no notice to the Farmers class, and Farmers’ taking of the policyholders’ money was done secretly, which differentiates it from Resh where there were repeated notices to sophisticated investors regarding their rights? Three: The Supreme Court needs to rule that a lack of notice to the class of unlitigated undisclosed deceptive acts and the loss of class action status for other reasons gives the Defendants unequal protection under the 14th Amendment and is distinguishable from China Agritech v. Resh.

Docket Entries

2020-09-17
Case removed from Docket.
2020-08-17
Petition for a writ of certiorari filed. (Response due September 21, 2020)

Attorneys

Debe Olson
David Leigh ShellerSheller Law Firm, PLLC, Petitioner
David Leigh ShellerSheller Law Firm, PLLC, Petitioner
Farmers New World Life Insurance Company, et al.
Joshua David LichtmanNorton Rose Fulbright US LLP, Respondent
Joshua David LichtmanNorton Rose Fulbright US LLP, Respondent