Legal Opinion

Piambino v. Bailey

Court of Appeals for the Eleventh Circuit

Decided March 18, 1985No. 82-5844PublishedCited by 161 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

I

This is a class action in which the plaintiffs seek money damages under the federal securities laws. The lawyers who have been representing the plaintiff-class have a conflict of interest with the minority segment of the class. They have used this conflict of interest to benefit themselves and the majority of the class members since the case began. On March 11, 1977, they concluded a settlement and obtained an attorney’s fee award, both of which were highly unfair to the minority members. We set aside the settlement and the fee award in Piambino v. Bailey (Piambino I),…

2Cases cited61 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. McNabb v. United StatesSupreme Court of the United States · 1943
  3. City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
  4. Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
  5. Klapprott v. United StatesSupreme Court of the United States · 1949

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3Cited by161 opinions

  1. In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219Court of Appeals for the Third Circuit · 1995
  2. William Weinberger v. Great Northern Nekoosa Corp.Court of Appeals for the First Circuit · 1991
  3. United States v. Richard Harmon BellCourt of Appeals for the First Circuit · 1993
  4. Bernard Litman v. Massachusetts Mutual Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1987
  5. Bankers Trust Co. v. Bethlehem Steel Corp.Court of Appeals for the Third Circuit · 1985

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