Attys File Dueling Motions For Class Cert. Against Aetna

Law360, New York (August 11, 2017, 5:25 PM EDT) -- Dueling motions for class certification were filed Thursday in an Employee Retirement Income Security Act suit accusing Aetna Inc. of shortchanging its customers on reimbursements for out-of-network services, with two groups of consumers in the multidistrict litigation seeking to certify based on different theories of class certification.

Five plaintiffs represented by Barry M. Epstein of Epstein PC sought to certify the class under Federal Rule 23(b)(3), which binds a class based on a common question of law, with Epstein PC as lead counsel. Counsel for the court-appointed plaintiffs’ executive committee...
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