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DIAZ v. STATE

No. DA 12-0432.

308 P.3d 38 (2013)

2013 MT 219

Jeanette DIAZ and Leah Hoffmann-Bernhardt, Individually and on Behalf of Others Similarly Situated, Plaintiffs/Appellants, v. STATE of Montana, Defendant/Appellee.

Supreme Court of Montana.

Decided August 6, 2013.

Rehearing Denied September 17, 2013.

Attorney(s) appearing for the Case

For Appellants: James G. Hunt ; Jonathan McDonald ; Dix, Hunt & McDonald, Helena, MT, Erik B. Thueson ; Scott Peterson ; Thueson Law Office; Helena, MT.

For Appellee: Robert C. Lukes ; Elena J. Zlatnik ; Garlington, Lohn & Robinson, PLLP; Missoula, MT.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Class representatives Jeanette Diaz and Leah Hoffmann-Bernhardt appeal a class certification order entered by the First Judicial District Court, Lewis and Clark County, arguing that the court imposed arbitrary and unreasonable limits when defining the class. The class complaint alleged that the State, as well as third-party administrators of the State group health insurance plan, violated the insureds...

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