· 8/2/2001
In Re: Prudential Insurance Company of America Sales Practice Litigation Marvin Lowe and Alice Lowe
Citations
- 261 F.3d 355
- 2001 WL 871764
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- analyzing the terms of a class settlement to determine whether the settlement precluded a subsequent action
- enforcing a release that gave up claims “that have been, could have been, may be or could be alleged or asserted now or in the future by Plaintiffs or any Class Member against the Releasees in the Actions”
- “allowing the Lowes to prosecute their civil claims in the Florida court would allow an end run around the Class settlement by affording them (and other class members who might later attempt the same strategy) an opportunity for relitigation of the released claims”
- enforcing a class action settlement agreement that released any claims “that have been, could have been, may be or could be alleged or asserted now or in the future ... on the basis of, connected with, arising out of, or related to, in whole or in part” to the facts at issue
- “We must determine whether settlement of claims the Lowes had under the Class Policies precludes them from pursuing claims in Florida purportedly arising from the [opted-out] Policies”
- “[A] judgment pursuant to a class settlement can bar later claims based on the allegations underlying the claims in the settled class action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McKee, Rosenn, Cudahy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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