· 8/19/2014
Charlotte Phillips v. Wellpoint Incorporated
Citations
- 764 F.3d 662
- 2014 WL 4073065
- 2014 U.S. App. LEXIS 16056
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a CAFA exception “concerns whether the court exercises jurisdiction to the full, not whether jurisdiction exists”
- noting “plaintiffs needed to produce some evidence that would allow the court to determine the class members’ citizenships on the date the case was removed”
- permitting plaintiffs to take a random sample of potential class members for ascertaining the citizenship of each member
- indicating that CAFA abstention decisions can be made via sampling
- noting “plaintiffs needed to produce some evidence that would allow the court to determine the class members’ citizenships on the date the case was removed”
- explaining that a putative class plaintiff might replace guesswork with statistical evidence by “tak[ing] a random sample of policyholders (100, say), ascertain the citizenship of each of these on the date the case was removed, and extrapolate to the class as a whole”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Easterbrook, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.