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POTTER v. COM'R OF SOCIAL SEC.

Nos. 20-5550/5551/5552.

9 F.4th 369 (2021)

Sharon POTTER (20-5550); Brandi Jane Adams (20-5551); Johnny Messer (20-5552), Plaintiffs-Appellants, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 16, 2021.

Attorney(s) appearing for the Case

ARGUED: Emma Simson , WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., for Appellants. Jaynie Lilley , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Emma Simson , Daniel S. Volchok , Arpit K. Garg , WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., Evan B. Smith , APPALRED LEGAL AID, Prestonsburg, Kentucky, Richard Frank Dawahare , Lexington, Kentucky, for Appellants. Jaynie Lilley , Charles Scarborough , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Before: COOK, GRIFFIN, and LARSEN, Circuit Judges.

OPINION

Class actions encourage absent members to rely on representatives to vindicate their rights. If, however, the court decides that a lawsuit should not proceed as a class action (or at all), class members are on their own. Consistent with the representative nature of class litigation, the Supreme Court has...

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