Ninth Circuit Court of Appeals Affirms Summary Judgment on Class and Individual Claims in Favor of Kaplan Johnson Client Voya Insurance and Annuity Company
Pasadena, CA – May 6, 2019 – The U.S. of Court Appeals for the Ninth Circuit today affirmed in full all of the summary judgment rulings issued by San Diego federal judge Gonzalo Curiel in the matter Abbit v. ING USA et al. The summary judgment opinions on the certified class and individual claims are reported at 252 F. Supp. 3d 999 (S.D. Cal. 2017) and 2016 WL 4542204 (S.D. Cal.). The Ninth Circuit’s ruling confirms Voya’s business practices and contrasts with multiple other California fixed indexed annuity class actions in which issuers settled for tens of millions of dollars after protracted litigation. Kaplan Johnson partners Clark Johnson and Michael Leigh stewarded this litigation to its successful outcome with assistance from partner Michael Abate on appeal.