No. 20-201

Debe Olson v. Farmers New World Life Insurance Company, et al.

Lower Court: Fifth Circuit
Docketed: 2020-08-20
Status: Denied
Type: Paid
Tags: 14th-amendment civil-procedure class-action due-process equitable-tolling motion-to-dismiss notice rule-23 rule-23(e)-frcp
Latest Conference: N/A
Question Presented (from Petition)

One: Whether the trial court improperly granted
a Motion to Dismiss the putative class because there
was no notice to the putative class and therefore no
right to be heard violating the putative class's rights to
due process and notice under the 14th Amendment and
Rule 23(e) FRCP?

Two: Whether equitable tolling applies and
this case should be differentiated from Resh v. China
Agritech because there was no notice to the Farmers
class, and Farmers' taking of the policyholders' money
was done secretly, which differentiates it from Resh
where there were repeated notices to sophisticated
investors regarding their rights?

Three: The Supreme Court needs to rule that a
lack of notice to the class of unlitigated undisclosed deceptive acts and the loss of class action status for other
reasons gives the Defendants unequal protection under the 14th Amendment and is distinguishable from
China Agritech v. Resh.

Question Presented (AI Summary)

Whether the trial court improperly granted a Motion to Dismiss the putative class because there was no notice to the putative class and therefore no right to be heard violating the putative class's rights to due-process,notice,14th-amendment,rule-23(e)-frcp

Docket Entries

2020-09-17
Case removed from Docket.
2020-08-17
Petition for a writ of certiorari filed. (Response due September 21, 2020)

Attorneys

Debe Olson
David Leigh ShellerSheller Law Firm, PLLC, Petitioner
David ShellerSheller Law Firm, PLLC, Petitioner
Farmers New World Life Insurance Company, et al.
Joshua David LichtmanNorton Rose Fulbright US LLP, Respondent