United States Fifth Circuit

In an action brought by plaintiffs whose house was damaged by Hurricane Rita against an insurer challenging its damages adjustment practices, dismissal of plaintiffs' class allegations is affirmed as the court could not consider plaintiffs' claim that two separate classes should be certified, as opposed to a single unitary class as was argued below.

Appellate Information

• Decided 09/21/2007
• Published 09/24/2007

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Clayton Arthur Larsh Davis (argued), Lundy & Davis, Lake Charles, LA, for Plaintiffs-Appellants., Judy Y. Barrasso, Susan M. Rogge, Barrasso, Usdin, Kupperman, Freeman & Sarver, New Orleans, LA, for Amici Curiae.


• For Appellees:
  
• Travis Louis Bourgeois (argued), Sidney W. Degan, III, Degan, Blanchard & Nash, New Orleans, LA, for Defendant-Appellee.