A law firm and an insurer entered into an agreement whereby the firm promised to abandon its clients' claims against individual adjusters and forgo suing them in the future in exchange for the insurer's promise not to remove any Hurricane Ike cases to federal court. Clients of the firm subsequently sued as a class action. The phrase "any Hurricane Ike cases," in a contract covering "all Hurricane Ike cases that either have been filed or will be filed in the future," encompasses class-action suits. The district court's judgment finding the agreement covered class actions is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-40410, 12-21-2012.
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Horn v. State Farm Lloyds
5th Cir.
December 26, 2012
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