Applied Underwriters Accuses Employers of Shifting Legal Theories

Applied Underwriters is asking a federal judge to ignore the reply brief that a group of California employers filed in support of their motion for class certification because it allegedly introduced new legal theories, proposed a new subclass and included several misstatements. "Plaintiffs were free to present their proposed class in their opening motion with whatever elements they wished," attorneys for Applied Underwriters argue in a Dec. 24 motion to strike a brief and memorandum in support of the request for class certification. "But now that Applied's opposition has sh...