Julianna Thomas McCabe

Experience

• Transamerica Life Ins. Co. v. Slee, 2020 WL 7872067 (W.D. Wash. Dec. 11, 2020), report and recommendation adopted by, 2021 WL 22614 (Jan. 4, 2021) – Summary judgment granted in favor of long-term care insurer in declaratory judgment action filed by insurer to resolve coverage dispute and bad faith claims of insured residents of assisted living facilities seeking to recover nursing home benefits.
• Howisey v. Transamerica Life Ins. Co., No. 17-36045, 2019 WL 1375171 (9th Cir. Mar. 21, 2019). Affirming district court’s summary judgment prior to class certification in favor of insurer in putative class action alleging that assisted living facility care should be covered under the nursing home-only provisions of a long-term care insurance policy.
• Howisey v. Transamerica Life Ins. Co., No. 2:17-cv-00009, 2017 WL 5900356 (W.D. Wash. Nov. 30, 2017). Granting final summary judgment prior to class certification in favor of insurer in putative class action alleging that assisted living facility care should be covered under the nursing home-only provisions of a long-term care insurance policy.
• Lewis v. Knology, Inc., 799 S.E.2d 247 (Ga. Ct. App. 2017), cert. denied, (Ga. Sept. 13, 2017). Affirming trial court’s denial of plaintiff’s motion for national class certification in shareholder litigation alleging breaches of fiduciary duty in connection with corporate merger.
• Crosby Valve, LLC v. Dep’t of Ins., 131 A.3d 1087 (Pa. Commw. Ct. 2016). Affirming insurance commissioner’s denial of motions to intervene filed by several policyholder objectors seeking to prevent the sale of several insurance companies.
• Weller v. HSBC Fin. Corp., 187 F. Supp. 3d 1263 (D. Colo. 2016). Enforcing class action settlement against a class member attempting to relitigate claims related to lender-placed flood insurance in a Mississippi action, and enjoined the settlement class member from further pursuing released claims in the Mississippi action.
• Griffin v. HSBC Mortg. Servs., Inc., No. 4:14-cv-00132, 2016 WL 1090578 (N.D. Miss. Mar. 18, 2016). Dismissing consumer claims asserted against insurer for breach of contract, breach of fiduciary duty, violations of federal RESPA statute, violations of Mississippi consumer protection statutes, and for an accounting.
• Lyons v. Litton Loan Servicing, LP, 158 F. Supp. 3d 211 (S.D.N.Y. 2016). Granting motion to dismiss consumer claims against insurer based on filed rate doctrine.
• Clarizia v. Ocwen Fin. Corp., No. 1:13-cv-02907, 2016 WL 439018 (S.D.N.Y. Feb. 2, 2016). Granting motion to dismiss consumer claims against insurer based on filed-rate doctrine.
• In re Knology, Inc., No. 12-cv-0564, 2015 WL 9666753 (Ga. Super. Ct. Dec. 3, 2015). Denying plaintiff's motion for national class certification in case filed by former shareholders involving alleged breaches of fiduciary duty in connection with corporate merger.
• Saccoccio v. JP Morgan Chase Bank, N.A., No. 1:13-cv-21107, 2013 WL 5585230 (S.D. Fla. Oct. 9, 2013). Denying motion to intervene filed by settlement class members in consumer class action resolved between consumers, lenders, and insurers.
• Allianz Life Ins. Co. of N. Am. v. Cain, No. 3:12–cv–00264, 2013 WL 3880217 (W.D.N.C. July 26, 2013). Entering permanent injunction prohibiting former life insurance agent from accessing or using life insurer’s confidential information or soliciting insurer’s customers.
• Hunter v. Transamerica Life Ins. Co., No. 4:10-cv-04906, 2011 WL 4621111 (S.D. Tex. Sept. 27, 2011), aff'd, 498 F. App’x 430 (5th Cir. 2012). Affirming dismissal of national class action collaterally attacking prior class action settlement.
• Transamerica Life Ins. Co. v. Moore, 274 F.R.D. 602 (E.D. Ky. 2011). Denying insured’s motion to compel the production of life insurer’s confidential and attorney-client privileged information.
• Hunter v. Runyan, 382 S.W.3d 643 (Ark. Feb. 9, 2011), cert. denied, Crager v. Runyan, 565 U.S. 879 (2011). Affirming orders denying intervention by objecting class members to national class action settlement of contract and tort claims and dismissing appeal of objector who failed to successfully intervene.
• Wright v. Life Inv'rs Ins. Co. of Am., No. 2:08-cv-00003, 2010 WL 481003 (N.D. Miss. Feb. 4, 2010). Denying insured’s motion to compel production of insurer’s confidential and privileged documents and rejecting alleged applicability of crime-fraud exception to the attorney-client privilege.
• In re Life Inv'rs Ins. Co. of Am., 589 F.3d 319 (6th Cir. 2009). Reversing district court’s order enjoining defendants from pursuing approval of national class action settlement in parallel state court litigation.
• Pipes v. Life Inv'rs Ins. Co. of Am., 254 F.R.D. 544 (E.D. Ark. 2008); 711 F. Supp. 2d 964 (E.D. Ark. 2009). Class certification denied in case alleging breach of contract and bad faith; denying motion to intervene and to enjoin state court class action settlement filed by absent class member from parallel national class action.
• Smith v. Life Inv'rs Ins. Co. of Am., No. 2:07-cv-00681, 2009 WL 3756913 (W.D. Pa. Nov. 6, 2009). Class certification denied in case alleging breach of contract, bad faith, and declaratory relief in relation to claims practices.
• Adams v. S. Farm Bureau Life Ins. Co., 493 F.3d 1276 (11th Cir. 2007). Affirming district court finding that claims alleging, inter alia, fraud and breach of contract were barred by earlier class action settlement and release.

Recognition

• JD Supra Readers' Choice Award as a Top Firm for thought leadership in class actions for the Carlton Fields Class Action Survey and Classified: The Class Action Blog (2018)
• Most Effective Lawyers Award, Appellate, Daily Business Review (2017)
• Outstanding Contributor Award, Lawyers for Civil Justice (2016)
• Pro Bono Service Award, Dade County Bar Association (2009)
• Florida Rising Stars, Super Lawyers Magazine (2009)

Professional & Community Involvement

• American Bar Association
  • Section of Litigation
  • Tort Trial and Insurance Practice Section
    • Vice Chair, Appellate Advocacy Committee
    • Trial Techniques Committee

Speaking Engagements

• "2022 Carlton Fields Class Action Survey Results: Class Action Trends and Best Practices," Carlton Fields (March 15, 2022)
• "2021 Carlton Fields Class Action Survey Results," Carlton Fields and the National Bar Association Commercial Law Section (September 29, 2021)
• “The Long Reach of Class Actions:  Trends in Class Action Litigation, ” New York State Bar Association Annual Meeting, New York, NY (January 2019)
• "Class Action Survey and Trends," Carlton Fields In-House Counsel Forum, Orlando, FL (March 2017)
• "Recent Developments in Annuity and Life Insurance Litigation," Insured Retirement Institute Webinar, Washington, D.C. (May 2016)
• "Class Action Survey and Recent Developments," Carlton Fields In-House Counsel Forum, Orlando, FL (March 2016)
• "2015 Carlton Fields Class Action Survey and Supreme Court and Rule 23 Update," Client Focus Forum, Boston, MA (October 2015)
• "Supreme Court and Rule 23 Update," Client Focus Forum, Newport Beach, CA (October 2015)
• ALI-CLE Conference on Life Insurance and Financial Services Litigation (2013)
• "Winning Strategies for Jury Instructions," ABA Tort Trial and Insurance Practice Section Annual Spring CLE and Leadership Forum (2011)
• "Punitive Damages After Philip Morris USA v. Williams," ABA Tort Trial and Insurance Practice Section and Section of Litigation (2007)
• "Silencing the Court: Judicial Impartiality v. Free Speech," A Mock Supreme Court Oral Argument, ABA Annual Meeting (2006)

Credentials

Areas of Focus