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SHADY GROVE ORTHOPEDIC ASSOCIATES v. ALLSTATE INS. CO.

Docket No. 07-0141-cv.

549 F.3d 137 (2008)

SHADY GROVE ORTHOPEDIC ASSOCIATES, P.A., on behalf of itself and all others similarly situated, Plaintiff-Appellant, Sonia E. Galvez, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 19, 2008.

Attorney(s) appearing for the Case

John S. Spadaro, John Sheehan Spadaro, LLC, Hockessin, DE, for Plaintiff-Appellant.

Andrew T. Hahn, Sr., Seyfarth Shaw LLP, New York, NY, for Defendant-Appellee.

Before: CABRANES, POOLER, KATZMANN, Circuit Judges.

Pooler, Circuit Judge:

In this appeal, we address whether Section 901(b) of the New York Civil Practice Law and Rules ("CPLR") — which prohibits a lawsuit seeking a statutory penalty from being brought as a class action — may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under New York law. Plaintiff-appellant Shady Grove Orthopedic Associates brought a class action for statutory interest penalties under Section...

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