No. 18-876

Cynthia N. Almond, et al. v. Singing River Health System, et al.

Lower Court: Fifth Circuit
Docketed: 2019-01-08
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure class-action class-certification constitutional-rights due-process fifth-amendment fourteenth-amendment monetary-claims opt-out property-rights rule-23
Latest Conference: 2019-03-15
Question Presented (from Petition)

1. Whether the District Court erred in certifying the class under Rule 23 on the grounds that Petitioners have a constitutional due process right to opt-out of class action suits which assert monetary claims on their behalf.

2. Whether the court erred in certifying the class under Rule 23 and approving the settlement on the grounds that Petitioners have a constitutional right to their property under the Fourteenth and Fifth Amendments of the U.S. Constitution.

3. Whether the court erred in certifying the class under a liability-release condition wherein the County payment is secured by a long-term contract which cannot be enforced or bound, essentially a fraudulent contract per state statute.

Question Presented (AI Summary)

Whether the District Court erred in certifying the class under Rule 23 on the grounds that Petitioners have a constitutional due process right to opt-out of class action suits which assert monetary claims on their behalf

Docket Entries

2019-03-18
Petition DENIED.
2019-02-27
Waiver of right of respondent Singing River Health System, et al. to respond filed.
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-01-31
Waiver of right of respondents Thomas Jones, Joseph Charles Lohfink, Sue Beavers, Rodolfoa Rel, and Hazel Reed Thomas to respond filed.
2018-12-12
Petition for a writ of certiorari filed. (Response due February 7, 2019)

Attorneys

Cynthia N Almond, et al.
William Harvey Barton IIBarton Law Firm, PLLC, Petitioner
Singing River Health System, et al.
A. Kelly Sessoms IIIDogan & Wilkinson, PLLC, Respondent
Thomas Jones, Joseph Charles Lohfink, Sue Beavers, Rodolfoa Rel, and Hazel Reed Thomas
Jim ReevesReeves and Mestayer, PLLC, Respondent