Practitioners' Note by Russel Myles and Richard M. Gaal
This Practitioners' Note addresses the substantive law problems associated with proving reliance in class actions where fraud is alleged in the sale of interest-sensitive life insurance and challenges the viability of suggested alternative forms of proof, such as presuming reliance. The authors conclude that the present substantive law treatment of reliance in such settings actually enhances a defendant's procedural rights.
About the Author
Russel Myles. Member, McDowell, Knight, Roedder & Sledge, L.L.C., Mobile, Alabama. Mr. Myles practices in the fields of commercial, business tort, insurance, and class action litigation and has substantial experience defending class actions in Alabama.
Richard M. Gaal. Member, McDowell, Knight, Roedder & Sledge, L.L.C., Mobile, Alabama. Mr. Gaal practices in the fields of commercial, business, and class action litigation.
Citation
74 Tul. L. Rev. 2113 (2000)