Social media does make the world much smaller. We were out yesterday morning highlighting some topical news and punditry. By yesterday evening twitter sent the notification. I personally haven’t really chimed in on this particular local news story besides highlighting the news coverage but I’ll admit to a certain amount of reticence as locking up Ministers of the Gospel carries profound constitutional implications, especially when some home cooking is involved. In any event, what I think is Pastor Spell’s Twitter account in his own words:
Good luck, that chicken shit governor of LA isn't going to do anything about me, he is too scared of fictional men in the sky to cross one of that imaginary mans right hand men.
— Tony Spell (@PastorTonySpell) April 28, 2020
Doug, interesting development with your friendly people at All-Snake:
Homeowners InsuranceMitchell v. State Farm Fire & Casualty Co., No. 18-60776, 2020 WL 1503107 (5th Cir. Mar. 30, 2020) (Jolly, J.)Plaintiff brought suit against an insurance company for breach of contract, negligence and other causes of action stemming from alleged improper valuation of labor costs in determining actual cash value. After the United States District Court for the Northern District of Mississippi certified a class, Defendant appealed. The Fifth Circuit held that the district court did not abuse its discretion in certifying the breach of contract claim class. While Defendant had challenged certification on predominance grounds, contending that certain relevant insurance policy definitions were unambiguous and therefore the meaning of those terms could not be a predominant issue, the Court found the district court properly decided that the common issues (such as when Defendant may dispute or adjust an initial estimate) would predominate over individualized damages questions, which could be determined by a common formula. The Court also looked at superiority and found the district court did not abuse its discretion in finding superiority met by the thousands of class claims likely to be too small for individual litigation
Doug, posted and hit the wrong spot.
This sounds like a huge development. You have a link to the 5th Circuit opinion?
this it?
https://law.justia.com/cases/federal/appellate-courts/ca5/18-60776/18-60776-2020-03-30.html
Fun and games with how to calculate depreciated value?
I see RFP posted same. At the very least having class cert on a mixed issue of law & fact is a win in today’s courtrooms. The opinion does give little credence to SnakeFarm’s disingenuous arguments.