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THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR JANUARY 2008.
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE DECEMBER 17, 2007.

SJC-10067
Herbert I. Moelis & others v. Berkshire Life Insurance Company

In this reported case, the issues presented, among others, are: whether the
trial judge correctly denied nationwide class certification of plaintiffs'  G .L. c. 93A
claims, where the nonresident policyholders' (who are given no opportunity to
"opt out" of a class action) only contacts with Massachusetts were their
purchases of policies issued by a Massachusetts insurer and the mailing of the
premiums to Massachusetts; and whether the trial judge correctly denied
certification of a statewide class of plaintiffs, in circumstances in which the
insurer's assertion of an affirmative defense of the statute of limitations
appeared, before any evidence was introduced, to require an individualized
inquiry not susceptible of resolution on a class basis.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

October 15, 2007