Ferrell v. Allstate Ins. Co.

Case Updates

The New Mexico Supreme Court reinstated the multi-state class action, holding that the district court’s decision to apply New Mexico law to the entire class was proper because there were no “actual conflicts” among the laws.

NCLC urged the New Mexico Supreme Court to affirm the intermediate appellate court’s refusal to apply New Mexico law to a class composed of members from thirteen different states and its refusal to otherwise certify a multistate class because of the difficulty in applying the laws of thirteen different states. In its brief, after explaining why the lower court reached the correct conclusions, NCLC contended that New Mexico could be a magnet for more multistate class actions filed by the plaintiffs’ bar if it veers from the federal and majority state practice to rigorously analyze all class action requirements.