Marshall v. H&R Block Tax Services, Inc., 09-8002
In a class action alleging the use of deceptive practices to sell insurance, district court judgment that the suit was not removable to federal court and remand to state court is reversed where the change in the scope of the plaintiffs' claim does not relate back to the original claim, as the liability asserted in the original claim was significantly less extensive than the liability now claimed as a result of the decertification of the defendant class.
- Submitted 02/21/2009
- Decided 04/30/2009
- Published 04/30/2009
- POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and TINDER, Circuit Judges.
- United States Seventh Circuit
- For Appellees:
- Robert M. Thompson, Bryan Cave, St. Louis, MO, for Defendant-Petitioner., Eric Alan Isaacson, Frank J. Janecek, Jr., and Amanda Frame, Attorneys, Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA, for Respondents.