Chicago Shareholder Brian H. Eldridge and Chicago Associate Jill M. Felkins recently obtained a successful reversal of an Indiana trial court's ruling certifying a class.
In LHO Indianapolis One Lessee, LLC v. Bowman, Plaintiff Esther Bowman brought class action allegations against Defendant Indianapolis Marriott Hotel claiming that meals consumed there during an April 2013 sorority conference led to food poisoning for multiple conference attendees. The trial court granted class certification. SMSM petitioned for leave to take an interlocutory appeal, which was granted. On Appeal, Felkins argued that the trial court abused its discretion in certifying the matter for class action treatment. The Indiana Court of Appeals agreed, explaining, "we cannot conclude that the case, as certified by the trial court, would contribute to the economies of time, effort, and expense that a class certification is intended to achieve." The Court reversed the trial court's certification, holding that "questions of law and fact common to the members of the class do not predominate over the issues affecting the individual members."
Mr. Eldridge is a civil litigation trial lawyer who has a wide range of experience successfully litigating multi-million dollar, high-stakes cases on behalf of his clients. He concentrates his practice in products liability, construction/construction defect, transportation, premises liability, commercial litigation and class action matters. He has handled numerous cases involving death and catastrophic injuries, including paralysis, traumatic brain injuries, amputations and other significant permanent disabilities.
Ms. Felkins is a trial and appellate attorney who devotes her practice to defending clients in the areas of products liability, premises liability, negligence, personal injury, class action, toxic tort and commercial litigation. She provides a wide range of litigation services to her clients from initial analysis and pretrial work-up through trial and appeal. Her appellate practice includes favorable results in post-trial and interlocutory appeals.
Read the full opinion by the Indiana Court of Appeals here.