The 4th Circuit affirmed the District Court's refusal to certify the appellants as a class. The District Court did not clearly err in deciding that Jefferson-Pilot's statute of limitations defense did not offer issues that could be dealt with on a classwide basis. The need for individual hearings on the statute-of-limitations issue demonstrated that the proposed class could not satisfy the predominance requirement for certification under Federal Rule of Civil Procedure 23(b)(3).
Thorn v. Jefferson-Pilot Life Insurance Co.
February 15, 2006