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Opting out of class does not limit discovery rights.

Publication: Trial
Publication Date: 01-MAR-04
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Opt-out plaintiffs are entitled to their day in court, the Third Circuit confirmed in a recent ruling, denying a defense request for an injunction against discovery. The federal class action settlement in which the state court plaintiffs chose not to participate does not affect their individual state suits, the court held. (Drelles v. Metro. Life Ins. Co., Nos. 024037, 02-4270, 2003 WL 23019203 (3d Cir. Dec. 24,...

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