United States Fifth Circuit

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Gene & Gene, L.L.C. v. Biopay, L.L.C., 09-31191

In a lawsuit involving unsolicited faxes wherein defendant appealed from the district court's grant of plaintiff's motion to re-certify a class, the order is reversed where: 1) the Court of Appeals' prior order foreclosed the re-litigation of the class certification issue, and the district court erred in considering "new" evidence disclosed during the reopened discovery; and 2) the evidence disclosed on remand was not substantially different from the evidence disclosed before the prior decision, and the "substantially different evidence" exception to the law of the case doctrine did not apply.

Appellate Information

  • Decided 10/25/2010
  • Published 10/25/2010


  • Edith B. Clement


  • United States Fifth Circuit