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TMLG Defeats Motion to Dismiss Non-Washington Class Members in United Healthcare Class Action

March 25, 2024

On February 29, 2024, the court denied defendant United Healthcare’s motion to dismiss non-Washington class members in a TCPA case, rejecting United’s argument that the U.S. Supreme Court’s decision in Bristol-Meyers Squibb Co. v. Superior Court of Cal., 582 U.S. 255 (2017) applies to nationwide class actions brought in federal court involving federal claims. The court found “no merit in United’s argument” and rejected “United’s invitation to follow the minority of courts who have embraced this strained theory.” Terrell Marshall’s Blythe Chandler took the lead on the briefing and at oral argument.