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ERIE INS. EXCH. BY STEPHENSON v. ERIE INDEMNITY

No. 23-1053.

68 F.4th 815 (2023)

ERIE INSURANCE EXCHANGE, an unincorporated association, BY Troy STEPHENSON, Christina Stephenson, and Steven Barnett, trustees ad litem, and alternatively, Erie Insurance Exchange, by Troy Stephenson, Christina Stephenson, and Steven Barnett v. ERIE INDEMNITY COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

(Filed: May 22, 2023).

Attorney(s) appearing for the Case

Edwin J. Kilpela, Jr. [ARGUED], James LaMarca , Elizabeth Pollock-Avery , Lynch Carpenter, 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222, Counsel for Appellee.

Neal R. Devlin , Aurora L. Hardin , Knox McLaughlin Gornall & Sennett, 120 W. Tenth Street, Erie, PA 16501, Steven B. Feirson , Michael H. McGinley [ARGUED], Dechert, 2929 Arch Street, 18th Floor, Cira Centre, Philadelphia, PA 19104, Counsel for Appellant.

David R. Fine , K&L Gates, 17 N. Second Street, 18th Floor, Harrisburg, PA 17101, Counsel for Amici Appellant Chamber of Commerce of the United States and Pennsylvania Chamber of Business & Industry.

Casey A. Coyle , Babst Calland, 603 Stanwix Street, Two Gateway Center, 6th Floor, Pittsburgh, PA 15222, Counsel for Amici Appellant American Property Casualty Insurance Association and Pennsylvania Coalition for Civil Justice Reform.

Before: HARDIMAN, BIBAS, and SMITH, Circuit Judges.

OPINION OF THE COURT

Erie Indemnity Co. ("Indemnity") appeals the District Court's order remanding this matter to Pennsylvania state court. Indemnity argues that the District Court had jurisdiction because the case is a "class action" for purposes of the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat...

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