Legal Opinion
Catholic Healthcare West v. US Foodservice Inc.
Court of Appeals for the Second Circuit
Decided August 30, 2013No. 12-1311-cvPublishedCited by 250 opinions
1Opinion of the Court
DEBRA ANN LIVINGSTON, Circuit Judge:
This case concerns allegations of fraudulent overbilling by U.S. Foodservice, Inc. (“USF”), the country’s second largest food distributor whose customers have included the United States government, as well as hospitals, schools, restaurant chains, and small businesses across the United States. This interlocutory appeal requires us to determine whether the district court abused its discretion in certifying a nationwide class consisting of about 75,000 USF “cost-plus” customers. The gravamen of plaintiffs’ complaint is that USF devised and executed a fraud to…
2Cases cited38 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
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3Cited by250 opinions
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- Glatt v. Fox Searchlight Pictures, Inc.Court of Appeals for the Second Circuit · 2015
- Johnson v. Nextel Communications Inc.Court of Appeals for the Second Circuit · 2015
- Roach v. T.L. Cannon Corp.Court of Appeals for the Second Circuit · 2015
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