Nos. 10-2174, 10-2275.

657 F.3d 80 (2011)

Andrew ZIMMERMANN, as Class Representative for the Certified Zimmermann Action Classes, et al., Plaintiffs, Appellants, v. EPSTEIN BECKER AND GREEN, P.C., et al., Defendants, Appellees. Andrew Zimmermann, as Class Representative for the Certified Zimmermann Action Classes, et al., Plaintiffs, Appellants, v. BDO Seidman, LLP, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 22, 2011.

Attorney(s) appearing for the Case

Joseph S. Tusa with whom Tusa P.C., Stephen G. Hennessy , David J. Vendler , Morris Polich & Purdy LLP, Garrett M. Smith , Garrett M. Smith PLLC, Gregory S. Duncan , G. Oliver Koppell , Daniel Schreck and G. Oliver Koppell & Associates were on brief for appellants.

Neil J. Dilloff with whom Dale Cathell , DLA Piper LLP (US), Marjorie Sommer Cooke , Barbara Gruenthal and Cooke Clancy & Gruenthal LLP were on brief for appellee Epstein Becker & Green, P.C.

Maura Barry Grinalds with whom Jonathan J. Lerner , Patrick G. Rideout , Skadden Arps Slate Meagher & Flom LLP and Kurt Wm. Hemr were on brief for appellee Paul M. Kaplan.

Mark E. Goidell with whom Law Office of Mark E. Goidell was on brief for appellees Brian J. Davis, Esq. , Brian J. Davis P.C., Spence & Davis, LLP, Douglas D. Viviani, Esq. , and Douglas D. Viviani, P.C.

Lisa C. Wood with whom Robert E. Toone , Richard G. Baldwin and Foley Hoag LLP were on brief for appellee BDO Seidman LLP.

Anthony A. Scibelli with whom Hiscock & Barclay, LLP was on brief for appellee Chipetine Neu & Silverman, LLP.

Daniel L. Brown and Sheppard Mullin Richter & Hampton, LLP on brief for appellee Sheppard, Mullin, Richter & Hampton, LLP.

Before TORRUELLA, BOUDIN and DYK, Circuit Judges.

BOUDIN, Circuit Judge.

This appeal arises out of earlier class action litigation brought by the present plaintiff-appellants, Andrew and Kelly Zimmermann. That earlier litigation, Zimmermann v. Cambridge Credit Counseling Corp., 529 F.Supp.2d 254 (D.Mass. 2008), aff'd sub nom., Zimmerman v. Puccio, 613 F.3d 60 (1st Cir.2010) ("Zimmermann I"), was brought against Richard...


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