11th Circ. Overturns Class Cert. In PIP Reimbursement Row

Law360 (September 12, 2019, 10:44 PM EDT) -- The Eleventh Circuit on Thursday reversed an order certifying a class of health care providers and injured drivers in a suit accusing The Progressive Corp. of improperly invoking a cap on personal injury protection policy limits.

A three-judge panel of the appellate court said U.S. District Judge Richard A. Lazzara erred in 2017 when he granted a motion for class certification brought by a trio of health care providers, allowing them to press their claims for a declaratory judgment and injunctive relief against Progressive.

Judge Lazzara concluded that certification of this "injunction class" was appropriate because all the providers' claims hinge...

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