· 9/8/1995
J & M Food Store, Inc. v. United States
Citations
- 897 F. Supp. 1126
- 1995 U.S. Dist. LEXIS 13386
- 1995 WL 559976
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that common questions predominated in dispute over insurer’s alleged failure to pay for anesthesia coverage in accordance with its insurance policies where all policies at issue contained identical language for determining availability of anesthesia coverage
- holding that common questions predominated in dispute over insurer’s alleged failure to pay for anesthesia coverage in accordance with its insurance policies where all policies at issue contained identical language for determining availability of anesthesia coverage
- holding that the fact that some beneficiaries were not balance billed and that some individual determinations of damages would be necessary, did not defeat predominance as these were issues for the damages phase of the litigation
- certifying ERISA class based on insurer’s common scheme of applying cap on payments
- individualized issues are a factor in determining commonality, but are more appropriately addressed under Rule 23(b)(8) predominance
- “[t]o the extent there are differences among the claims of class members that implicate typicality, a court may create subclasses”
Source: CourtListener parenthetical corpus (CC0).
Judges: Castillo
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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