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FLECHA v. MEDICREDIT, INC.

No. 18-50551.

946 F.3d 762 (2020)

Nina FLECHA, on behalf of herself and all others similarly situated, Plaintiff-Appellee v. MEDICREDIT, INCORPORATED; Fidelity and Deposit Company of Maryland, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED January 8, 2020.

Attorney(s) appearing for the Case

Robert Zimmer, Esq. , Austin, TX, Michael Jacob Wood , Community Lawyers, L.L.C., Chicago, IL, for Plaintiff-Appellee.

Maura Kathleen Monaghan, Esq. , Senior Litigating Attorney, Jacob W. Stahl , Harold W. Williford , Debevoise & Plimpton, L.L.P., New York, NY, Tara Moriarty Kumpf, Esq. , Olgetree, Deakins, Nash, Smoak & Stewart, P.C., Austin, TX, Jacob Ward Sparks, Esq. , Spencer Fane, L.L.P., Plano, TX, for MEDICREDIT, INCORPORATED Defendant-Appellant.

Scott James Dickenson , Spencer Fane, L.L.P., Saint Louis, MO, Tara Moriarty Kumpf, Esq. , Olgetree, Deakins, Nash, Smoak & Stewart, P.C., Austin, TX, Jacob W. Stahl , Harold W. Williford , Debevoise & Plimpton, L.L.P., New York, NY, for FIDELITY AND DEPOSIT COMPANY OF MARYLAND Defendant-Appellant.

Before JONES, HO, and OLDHAM, Circuit Judges.

As the Supreme Court has repeatedly reminded us, "the class action is `an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only.'" Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 348, 131 S.Ct. 2541...

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