April 5 2010
The 5th Circuit issued an opinion today reversing the Texas judge and ruling that the Class judgment in Illinois is valid and can be transferred elsewhere. This negates the effect of the 9th Circuit decision in July 31 2008 holding the judgment expired in Hawaii . It concluded:
“For the above stated reasons, we conclude that the district court erred in
finding that the Illinois judgment was not enforceable in Texas and the district
court abused its discretion by not allowing the plaintiff class to amend the
complaint to rely on the Illinois judgment. We therefore reverse the district
court’s denial of the plaintiff class’ motion to amend, as well as the district
court’s order granting the defendants’ 12(b)(6) motion to dismiss. We remand
this case to the district court for further proceedings consistent with this opinion.”
Press Statement issued by Class Counsels Robert Swift and Rod Domingo
Advertisement
Posted in: Uncategorized
Posted on April 6, 2010
0