Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance

POOLER, Circuit Judge:

In this appeal, we address whether Section 901(b) of the New York Civil Practice Law and Rules (“CPLR”) — which prohibits a lawsuit seeking a statutory penalty from being brought as a class action — may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under New York law. Plaintiff-appellant Shady Grove Orthopedic Associates brought a class action for statutory interest penalties under Section 5106(a) of New York Insurance Law (“N.Y. Ins. Law”) against defendant-appellee Allstate Insurance Company. In an opinion and order dated…