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WACHTEL v. GUARDIAN LIFE INS. CO.

No. 04-4304, 04-4433, 04-4434.

453 F.3d 179 (2006)

Zev WACHTEL; Linda Wachtel, individually and on behalf of their minor children, Tory JESSE and Brett Wachtel, and on behalf of all others similarly situated; v. GUARDIAN LIFE INSURANCE CO. OF AMERICA; Physicians Health Services, Inc.; Physicians Health Services of New Jersey, Inc.; Health Net, Inc.; Health Net of the Northeast, Inc.; Health Net of New Jersey, Inc. (District of New Jersey D.C. 01-CV-04183) Renee McCoy, individually and on behalf of all others similarly situated v. Health Net, Inc.; Health Net of the Northeast, Inc.; Health Net of New Jersey, Inc. (District of New Jersey D.C. 03-CV-01801) Health Net, Inc.; Health Net of the Northeast, Inc.; Health Net of New Jersey, Inc., Appellants Zev Wachtel; Linda Wachtel, individually and on behalf of their minor children, Torrey Jesse and Brett Wachtell, and on behalf of all others similarly situated v. Guardian Life Insurance Co. of America; Physicians Health Services, Inc; Physicians Health Services of New Jersey, Inc.; Health Net, Inc.; Health Net of the Northeast, Inc.; Health Net of New Jersey, Inc. Health Net Inc., Health Net of the Northeast, Inc., Health Net of New Jersey, Inc.; Appellants Renee McCoy, individually and on behalf of all others similarly situated v. Health Net, Inc.; Health Net of the Northeast, Inc., Health Net of New Jersey, Inc. Appellants.

United States Court of Appeals, Third Circuit.

Filed June 30, 2006.

Attorney(s) appearing for the Case

Peter Buscemi (Argued), Morgan, Lewis & Bockius, Washington, DC, Theodore D. Aden, Herve Gouraige, Epstein, Becker & Green, Newark, NJ, John J. Gibbons, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Joseph B.G. Fay, Jay H. Calvert, Jr., Morgan, Lewis & Bockius, Philadelphia, PA, William S. Greenberg, B. John Pendleton, Jr., McCarter & English, Newark, NJ, for Appellants.

Stanley M. Grossman (Argued), D. Brian Hufford, Pomerantz, Haudek, Block, Grossman & Gross, New York, NY, Stuart M. Feinblatt, Sills, Cummis, Epstein & Gross, Newark, NJ, for Appellees.

Mary Ellen Signorille, American Associations of Retired Persons, Washington, DC, for Amicus-Appellee.

Before SLOVITER, SMITH, and VAN ANTWERPEN, Circuit Judges.

SMITH, Circuit Judge.

The central question presented by this interlocutory appeal is whether the District Court properly certified the underlying consolidated matters as class actions. Appellants Health Net, Inc., Health Net of the Northeast, Inc., and Health Net of New Jersey, Inc. (collectively, "Health Net") attack the District Court's Certification Order based, inter alia, on the assertion that the Order failed properly to define the class claims, issues...

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