Eighth Circuit Affirms Insurer Client Class Action Victory

After Tim Wolf and Lucas Ude obtained summary judgment for an insurance client sued for alleged class wide subrogation violations, Plaintiffs appealed the decision to the Eighth Circuit Court of Appeals. The appeal was submitted following oral argument on September 21, 2022, with Lucas Ude presenting oral argument for the insurer. On June 6, 2023, the Eighth Circuit issued its written opinion affirming the District Court’s grant of summary judgment for Tim and Lucas’s client and affirming the denial of Plaintiff’s motion for summary judgment. This leaves in place a significant victory for the insurer on a far-ranging subrogation issue on which numerous other insurers had been sued in class action cases in several courts throughout the State of Missouri. White Knight Diner, LLC. V. Owners Insurance Company, 70 F. 4th 453 (Eighth Circuit, 2023).