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ALPIZAR-FALLAS v. FAVERO

No. 17-3837.

908 F.3d 910 (2018)

Ana Lidia ALPIZAR-FALLAS, Individually and on behalf of all others similarly situated, Appellant v. Frank E. FAVERO; Brian Barbosa; Progressive Garden State Insurance Company; John Doe 1-5; John Doe Incorporated 1-5, (fictitious designations).

United States Court of Appeals, Third Circuit.

Opinion Filed: November 15, 2018.

Attorney(s) appearing for the Case

Charles X. Gormally, Esquire , ARGUED, Thomas Kamvosoulis, Esquire , Brach Eichler, 101 Eisenhower Parkway, 2nd Floor, Roseland, NJ 07068, Counsel for Appellant.

Francis J. Leddy, III, Esquire , McGivney & Kluger, 23 Vreeland Road, Suite 220, Florham Park, NJ, 07932, Kymberly Kochis, Esquire ARGUED, Francis X. Nolan, IV, Esquire , Eversheds Sutherland, 1114 Avenue of the Americas, The Grace Building, 40th Floor New York, NY 10036, Counsel for Appellee.

Before: JORDAN, VANASKIE and RENDELL, Circuit Judges.

OPINION

Ana Lidia Alpizar-Fallas brought a class action claim against Progressive Garden State Insurance Company ("Progressive") and one of its agents, Bryan Barbosa, alleging that Progressive and Barbosa's deceptive business practices violated New Jersey's Consumer Fraud Act ("CFA"). The District Court dismissed...

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