BELL v. BROCKETT

No. 18-1149.

922 F.3d 502 (2019)

Kenneth D. BELL, in his capacity as court-appointed Receiver for Rex Venture Group, LLC d/b/a ZeekRewards.com, Plaintiff-Appellee, v. Durant BROCKETT, Defendant-Appellant, and Ronald Cox; Frank Scheuneman; Theresa Bridie; Marc Kantor; Paola Kantor; Tim Rice; Wayland Woods; T.H.; Edward Rourke; Eddy Layne; Clyde Garrett; Larry Alford; Aaron Piha, Movants-Appellants, and Eddy Layne; Clyde Garrett; Larry Alford; Aaron Piha, Parties Below-Appellants, and Todd Disner; Trudy Gilmond; Trudy Gilmond, LLC; Jerry Napier; Darren Miller; Rhonda Gates; David Sorrells; Innovation Marketing LLC; Aaron Andrews; Shara Andrews; Global Internet Formula, Inc.; T. Lemont Silver; Karen Silver; Michael Van Leeuwen; David Kettner; Mary Kettner; P.A.W.S. Capital Management LLC; Lori Jean Weber; a Defendant Class of Net Winners in ZeekRewards.com; Defendant Class, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2019.


Attorney(s) appearing for the Case

ARGUED: Paul Augustus Capua , CAPUA LAW FIRM, PA, Boone, North Carolina, for Appellants. Irving Michael Brenner , McGUIREWOODS LLP, Charlotte, North Carolina, for Appellee. ON BRIEF: Tarya Arnshelic Tribble , TRIBBLE LAW CENTER, PA, Riverview, Florida, for Appellants. Kenneth D. Bell , Charlotte, North Carolina, Jacob D. Charles , McGUIREWOODS LLP, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Niemeyer and Judge Keenan joined.


This case involves one of the rarest types of complex litigation, the defendant class action. Defendant class actions are so rare they have been compared to "unicorns." CIGNA HealthCare of St. Louis, Inc. v. Kaiser, 294 F.3d 849, 853 (7th Cir. 2002).1

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