Bobbitt v. Milberg LLP, No. 13-15812 (9th Cir. 2015)Annotate this Case
Plaintiffs filed a malpractice suit against Milberg and others for failing to meet the discovery requirements in the Variable Annuity Life Insurance Company, Inc. (VALIC) class action. On appeal, Intervenor-plaintiff-appellant Lance Laber challenged the district court's denial of plaintiffs' motion for class certification. The court concluded that the district court properly applied the choice-of-law rules of Arizona, the forum state. However, the court vacated and remanded for further proceedings, concluding that the district court erred in holding that the law of each class member’s home state governed his or her individual claim, rather than the law of Arizona where the alleged malpractice occurred.
The court issued a subsequent related opinion or order on February 1, 2018.