3rd Circ. Won't Review Cert. Ruling In ATM Overcharge Row

Law360, New York (December 4, 2013, 6:11 PM EST) -- The Third Circuit refused Wednesday to hear a petition by First Data Corp. customers who claim they were overcharged for installing ATMs in their stores, saying in a precedential ruling that a mistake by class counsel that led to the document's late filing does not constitute excusable neglect.

The plaintiffs had petitioned to appeal a July 31 decision by U.S. District Judge William H. Walls denying them class certification, but filed the document Aug. 19 — three days after the 14-day time limit. The plaintiffs conceded...
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