James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, on April 3, 2021. Credit: Diego M. Radzinschi/ALM Despite 'Substantial Factual and Legal Overlap' With Previous Case, Insurer's Suit Isn't a Class Action, Says 3rd Circ.
The question on appeal was whether the district court had jurisdiction, with Smith determining there was "no basis for exercising federal jurisdiction."
May 30, 2023 at 07:23 PM
5 minute read
The U.S. Court of Appeals for the Third Circuit, affirming a lower court's remand to state court, held that a suit filed by a group of plaintiffs against an indemnity company wasn't a class action despite the fact that a nearly identical class action had previously been filed—and voluntarily dismissed—by some of the same plaintiffs.
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