United States Third Circuit

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Ehrheart v. Verizon Wireless, 08-4323

In a class action against Verizon Wireless claiming that defendant violated the Fair and Accurate Credit Transaction Act, which prohibits a seller from printing a receipt that displays more than the last five digits of a buyer's credit or debit card and/or the expiration date of the credit or debit card, a district court's order vacating its settlement class certification order and granting defendant's motion for judgment on the pleadings is reversed where: 1) there was a restricted, tightly focused role that Rule 23 prescribes for district courts, requiring them to act as fiduciaries for the absent class members, but that did not vest them with broad powers to intrude upon the parties- bargain; 2) a strong public policy existed, which was particularly muscular in class action suits, favoring settlement of disputes, finality of judgments and the termination of litigation; and 3) changes in the law after a settlement was reached did not provide ground for rescission of the settlement.

Appellate Information

  • Argued 10/29/2009
  • Decided 06/17/2010
  • Published 06/17/2010

Judges

  • Before SMITH, FISHER, and NYGAARD, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Gary F. Lynch, Esq., (Argued), R. Bruce Carlson, Esq., Carlson Lynch, New Castle, PA, for Appellant, Ehrheart., Justin S. Gilbert, Esq., Gilbert Russell & McWherter, Jackson, TN, for Appellant, Garland.

  • For Appellees:
  • Michael A. Carvin, Esq., (Argued), Noel J. Francisco, Esq., John M. Gore, Esq., Washington, DC, Amy E. Dias, Esq., Jones Day, Pittsburgh, PA, for Appellees.
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