Lawsuits – WishList

Sheryl Moore – Walker v. LSW
- <WishList> – Expert Reports and Testimony of Defendant’s Expert Sheryl Moore

2016 – LR – Recent Trends in the Use of Surveys in Advertising Law Disputes; an Update on the Case Law, by Kenneth Plevan – 45p
- <WishList – survey> – A survey was used in Fairbanks v. Farmers New World Life Insurance Co.⁸⁵ to defeat a showing of materiality.
  - In that case, defendants relied on a survey commissioned by plaintiff’s counsel, in which 500 policyholders were asked if they would have purchased their policies had it been disclosed that the policies were not permanent.
  - A total of 47.4% of the respondents said they would still have purchased the policies.⁸⁶
- Citing the survey results, the court found that the materiality issue was subject to individual proof, and affirmed the lower court’s denial of class certification.⁸⁷

1997 1024 – WSJ – MONY Wins Dismissal of Suit Over ‘Vanishing Premium’ Policies, by Leslie Scism – [link]
- Goshen vs. MONY – Mutual Life Insurance Company of New York
- … in the MONY case, New York state judge Beatrice Shainswit found that, while thousands of consumers nationally “have been deeply aggrieved by what they perceive to be a grave injustice perpetrated upon them by the numerous insurance companies who contrived, and profited, from the “vanishing premium” concept,” this “ill-conceived product” doesn’t necessarily “equate to fraud, or any other actionable wrongdoing, which can be compensated for in a court of law.”
  - ⇒ Her 29-page decision debunks key arguments in almost all of the suits. – <WishList>