Bohnak v. Marsh & McLennan Companies, Inc.

Background

Nancy Bohnak sued Marsh & McLennan Cos., Inc. and Marsh & McLennan Agency LLC on behalf of herself and others similarly situated. Bohnak filed an unopposed motion to substitute Shantel Jones as the class representative.

The defendants had previously moved to dismiss for lack of subject-matter jurisdiction, arguing that Bohnak could not satisfy the statutory amount-in-controversy requirement for jurisdiction under 28 U.S.C. § 1332(a). The opinion states that Bohnak’s inability to satisfy that requirement resulted from her individual severance agreement with the defendants and was not necessarily applicable to the rest of the class.

Court’s Analysis

The court stated that a class has a legal status separate from its named plaintiff. When the named representative becomes inadequate, substitution may be appropriate to protect the class’s interests. The court also explained that, especially before a class is certified, courts may permit substitution when the representative’s claims become moot for a reason affecting only that individual and not the class as a whole.

Because Bohnak’s amount-in-controversy problem was based on her individual circumstances, the court granted the motion to substitute Jones as class representative.

Rulings and Next Steps

The court denied the defendants’ motion to dismiss as academic because it granted the substitution of Jones for Bohnak. The court declined to issue an advisory opinion about whether Bohnak could remain a named plaintiff in an amended complaint that had not yet been filed. Jones must file her amended complaint within 21 days after entry of the order. The clerk was directed to terminate ECF Nos. 79 and 82.