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Wednesday, September 11, 2013

Ind. Decisions - 7th Circuit decided one more Indiana case yesterday, a reversal

[The 7th Circuit files opinions throughout the day. The ILB checks this link frequently.]

In Hughes v. Kore of Indiana (SD Ind., Magnus-Stinson), an 11-page opinion, Judge Posner writes:

The plaintiff in this class action suit seeks leave to appeal from the district judge’s decertification of the class. Fed. R. Civ. P. 23(f). We have decided to allow the appeal in order to further the development of class action law (Blair v. Equifax Check Services, Inc., 181 F.3d 832, 835 (7th Cir. 1999)) regarding issues of notice in cases in which the potential damages per class member are very slight, and the suitability of class action treatment of such cases. * * *

The order decertifying the class is reversed and the case remanded for further proceedings consistent with this opinion. We hold only that the judge’s opinion decertifying the class does not provide adequate grounds for her ruling. There may be such grounds. And our extended discussion of how to distribute damages was not meant to imply that Kore must be liable in this case. For all we know, it has good defenses. REVERSED AND REMANDED.

Posted by Marcia Oddi on September 11, 2013 09:16 AM
Posted to Ind. (7th Cir.) Decisions