· 8/26/1996
Medicare Beneficiaries' Defense Fund Ex Rel. Klass v. Shield
Citations
- 938 F. Supp. 1131
- 1996 U.S. Dist. LEXIS 13467
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the court may estimate the number of persons in a class based on reasonable inferences it makes from the evidence submitted
- finding that issues of law and fact predominated where the administrator was alleged to have misenrolled beneficiaries in Medigap coverage and failed to inform employers of changes in the law regarding Medicare and Medigap coverage
- explaining that the defendant could not moot out a class action by providing payment in full to the named plaintiff because the claims of the class members remain open, and the named representative may continue to represent the class
- explaining that the fact that a named plaintiff leaves the plan during the course of litigation and is therefore no longer entitled to injunctive relief is not a basis on which to deny a motion to certify the class
- rejecting the argument that individual issues of reliance on alleged misrepresentations by the ERISA health benefit plan fiduciary predominated over common issues
- “Plaintiffs . . . bear the burden of establishing that their proposed class meets the requirements of Fed. R. Civ. P. 23”
Source: CourtListener parenthetical corpus (CC0).
Judges: Trager
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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