October 26, 2009

Federal Judge Allows Plaintiffs to Seek Punitive Damages in Class Action Against Allianz

As reported by Courthouse News Service, a federal judge in San Diego has ruled that a class of senior citizens can seek punitive damages against Allianz Life Insurance. The plaintiffs contend Allianz used deceptive sales tactics to sell derivative investments at senior centers.

We'll be keeping an eye on this case. The availability of punitive damages in a class action is a hot issue, as some academics and bloggers have argued that awarding punitive damages via class action is inconsistent with the U.S. Supreme Court's recent decisions on punitive damages. The availability of punitive damages by class action is currently pending before the Ninth Circuit in Dukes v. Wal-Mart.

For more discussion of this order, see this post at Bailey Class Action Daily.