In a class action claiming that an insurance company marketed annuities through deceptive practices in violation of Hawaii's Deceptive Practices Act, the denial of class certification is reversed, where there were no individualized issues of subjective reliance under Hawaii law that would defeat commonality.
Argued and Submitted November 20, 2008
Filed August 28, 2009
Opinion by Judge Schroeder
Robert D. Phillips, Oakland, CA