When Plaintiffs Sell Out Absent Class Members

Law360, New York (December 7, 2011, 1:59 PM EST) -- This case, Thatcher v. Hanover Insurance Group (8th Cir. 2011), is a short one that nonetheless raises important issues for class action defendants.

Allen Thatcher — or, rather, his attorneys — filed a class action complaint in Arkansas state court against his insurance company. He alleged that the defendants did not pay insureds properly under the terms of their insurance policies.

The specifics had to do with insurance for general contractors. And he alleged the standard wide spectrum of claims: unjust enrichment, fraud, constructive fraud and...
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