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RAY v. SPIRIT AIRLINES, INC.

No. 15-13792.

836 F.3d 1340 (2016)

Bryan RAY, on behalf of himself and all others similarly situated, Gretel Dorta, Michael Diorio, Ph.D., Deborah Gibson, Jennifer Sily, Donna Tilton, Josh Rubin, Donald M. Badaczewski, Plaintiffs-Appellants, v. SPIRIT AIRLINES, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Date Filed: September 2, 2016.

Attorney(s) appearing for the Case

Joel D. Eaton , Podhurst Orseck, PA, Miami, FL, for Plaintiffs-Appellants.

Paul D. Clement , Robert M. Bernstein , Jeffrey Matthew Harris , Bancroft, PLLC, Washington, DC, Scott Michael Dimond , Lorenz Michel Pruss , Dimond Kaplan & Rothstein, PA, Miami, FL, Daniel T. Graham , Clark Hill, PLC, Chicago, IL, Leslie A. Gutierrez , Husch Blackwell LLP, Milwaukee, WI, for Defendant-Appellee.

Before MARCUS and FAY, Circuit Judges, and FRIEDMAN, District Judge.

In this civil RICO case, plaintiffs seek to represent a class of customers claiming that Spirit Airlines, Inc. ("Spirit") engaged in an elaborate criminal enterprise involving the use of mail and wire fraud. The complaint specifically alleged that Spirit portrayed its Passenger Usage Fee as a government-imposed or authorized...

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