Legal Opinion

Davis v. Carl Cannon Chevrolet-Olds, Inc.

Court of Appeals for the Eleventh Circuit

Decided July 26, 1999No. 98-6567PublishedCited by 22 opinions

1Opinion of the Court

COX, Circuit Judge:

The question this appeal poses is whether, in a class action, a potential attorneys’ fee awarded out of a common fund may count in the aggregate toward the jurisdictional minimum necessary to establish diversity jurisdiction. We hold that it may not.

1. Background

The plaintiffs here, and the class they ask to represent, are purchasers of extended service contracts on General Motors vehicles. According to the plaintiffs, General Motors Acceptance Corporation, in conspiracy with GM dealerships, fraudulently concealed that the dealerships make a profit on such contracts. The…

2Cases cited18 opinions

  1. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  2. Wisconsin Department of Corrections v. SchachtSupreme Court of the United States · 1998
  3. Carden v. Arkoma AssociatesSupreme Court of the United States · 1990
  4. Snyder v. HarrisSupreme Court of the United States · 1969
  5. Zahn v. International Paper Co.Supreme Court of the United States · 1973

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3Cited by22 opinions

  1. Cheryl Cohen, on Behalf of Herself and Others Similarly Situated v. Office Depot, Inc., a Florida CorporationCourt of Appeals for the Eleventh Circuit · 2000
  2. Shannon Leonard v. Enterprise Rent A CarCourt of Appeals for the Eleventh Circuit · 2002
  3. Wal-Mart Stores, Incorporated Associates' Health and Welfare Plan and Administrative Committee, Administrator of the Plan v. Denise WellsCourt of Appeals for the Seventh Circuit · 2000
  4. Cohen v. Office Depot, Inc.Court of Appeals for the Eleventh Circuit · 1999
  5. Life of the South Insurance Company v. Marquetta CarzellCourt of Appeals for the Eleventh Circuit · 2017

17 more not listed; retrieve them via the Exa API.

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