326 Ga. App. 833
Ga. Ct. App.2014Background
- MCG Health, Inc. is challenged for filing hospital liens; Perry and Weisman sue in Feb 2009 asserting contract, fraud, injunctive relief, damages, and class certification.
- Lien notices were filed in 2006; Perry owed $8,076.54 and a $150 co-pay; liens were not canceled until 2010.
- Weisman’s lien was $17,043; insured payment was made but lien not canceled at that time.
- Plaintiffs pursue class certification after liens were cancelled; trial court granted class certification in Apr 2010 and denied MCG’s summary judgment motion.
- This appeal asks (i) whether class certification complied with OCGA § 9-11-23 and (ii) whether summary judgment on the individual claims should be granted, with the case remanded for consideration in light of a later case (Right).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the class meets OCGA § 9-11-23 (a) requirements | Perry and Weisman | MCG | No; commonality fails; certification improper |
| Whether common questions can drive a class-wide resolution | Perry/Weisman | MCG | Not; individualized contract analysis defeats common answers |
| Whether voluntary payment/contract language precludes class recovery | Perry/Weisman | MCG | Not decided at class level; requires individualized focus; not suitable for class resolution |
| Whether summary judgment should be decided after Right | Perry/Weisman | MCG | Remand for summary judgment consistent with Right |
Key Cases Cited
- Doctors Hosp. Surgery Center, L.P. v. Webb, 307 Ga. App. 44 (Ga. App. 2010) (rejected class-wide relief where many individual suits would be needed)
- Right, 325 Ga. App. 349 (Ga. App. 2013) (addressed lien practice; informs contract language issues for summary judgment)
- Rite Aid of Ga., Inc. v. Peacock, 315 Ga. App. 573 (Ga. App. 2012) (guidance on class certification standards under OCGA § 9-11-23)
- Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (U.S. 2011) (class certification standards; commonality requires common answers)
- Amchem Prods., Inc. v. Windsor, 521 U.S. 591 (U.S. 1997) (class action prerequisites and predominance considerations)