No. 23-434

Erie Indemnity Company v. Erie Insurance Exchange, By Troy Stephenson, Christina Stephenson, and Steven Barnett, Trustees ad Litem

Lower Court: Third Circuit
Docketed: 2023-10-26
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: CAFA cafa-jurisdiction civil-procedure class-action federal-jurisdiction federal-removal jurisdictional-rules procedural-gamesmanship removal standing voluntary-dismissal
Latest Conference: 2024-02-23 (distributed 2 times)
Question Presented (from Petition)

1. Whether plaintiffs can evade federal CAFA jurisdiction through pleading artifices, while pursuing a representative action for the purported benefit of a class of millions of individuals nationwide.

2. Whether plaintiffs can destroy vested federal CAFA jurisdiction by voluntarily dismissing and then refiling an amended version of their complaint.

Question Presented (AI Summary)

Whether plaintiffs can evade federal CAFA-jurisdiction through pleading-artifices

Docket Entries

2024-02-26
Petition DENIED.
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-02-05
2024-01-24
Brief of respondents Erie Insurance Exchange, et al. in opposition filed.
2023-12-07
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2024.
2023-12-06
Motion to extend the time to file a response from January 3, 2024 to February 2, 2024, submitted to The Clerk.
2023-12-04
Response Requested. (Due January 3, 2024)
2023-11-21
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
Waiver of right of respondent Erie Insurance Exchange, et al. to respond filed.
2023-10-20
Petition for a writ of certiorari filed. (Response due November 27, 2023)
2023-09-06
Application (23A205) granted by Justice Alito extending the time to file until October 20, 2023.
2023-08-30
Application (23A205) to extend the time to file a petition for a writ of certiorari from September 20, 2023 to October 20, 2023, submitted to Justice Alito.

Attorneys

Erie Indemnity Company
Michael Hugh McGinleyDechert LLP, Petitioner
Erie Insurance Exchange, et al.
Allison M. ZievePublic Citizen Litigation Group, Respondent