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Monday, August 15, 2011

Ind. Decisions - One Indiana decision today from 7th Circuit

In Gomez and Wagner-Barnett v. St. Vincent Heath (SD Ind., Barker), a 22-page opinion, Judge Kanne writes:

When Blanca Gomez and Joan Wagner-Barnett left their jobs with St. Vincent Health, Inc. (the “Company”), they did not receive notices describing how to extend their health insurance coverage within the period prescribed by statute. Responding to a solicitation from a lawyer, Barnett and Gomez became the named plaintiffs in a proposed class action seeking damages from and statutory penalties against the Company for its violation of the notice provisions. The district court declined to certify the class, however, having found the proposed class counsel to be inadequate for the purposes of class representation. It then considered the named plaintiffs’ individual claims on cross-motions for summary judgment. The district court denied their request for statutory penalties against the Company and Gomez’s request for damages, but it awarded damages to Barnett. Barnett and Gomez now appeal the district court’s decisions not to certify the class and not to award statutory penalties, and Barnett appeals the amount of damages the district court awarded her. We affirm.

Posted by Marcia Oddi on August 15, 2011 02:03 PM
Posted to Ind. (7th Cir.) Decisions