SMITH v. MARCUS & MILLICHAP, INC.

No. 18-14797.

991 F.3d 1145 (2021)

Betty M. SMITH, as personal representative of the estate of Shirley T. Cox, Judith A. Ballew, Attorney-in-Fact of John E. Ballew, Mark F. Lapp, as personal representative of the estate of Roger J. Lapp, Plaintiffs-Appellees, v. MARCUS & MILLICHAP, INCORPORATED, Defendant, Michael Bokor, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 12, 2021.


Attorney(s) appearing for the Case

Rainey Cawthon Booth, Jr , James L. Wilkes, II , Wilkes & Associates, PA, Tampa, FL, Robert E. Salyer , Wilkes & McHugh, PA, Lexington, KY, for Plaintiff-Appellee.

Diana Nicole Evans , Bradley Arant Boult Cummings, LLP, TAMPA, FL, Zachary A. Madonia , Michael R. Pennington , Bradley Arant Boult Cummings, LLP, BIRMINGHAM, AL, Scott Burnett Smith , Bradley Arant Boult Cummings, LLP, HUNTSVILLE, AL, for Defendant-Appellant.

Before BRANCH, MARCUS, Circuit Judges, and HUCK, District Judge.


Three named plaintiffs, seeking to represent a putative class of 3,000 nursing facility residents, filed a class action complaint against Marcus & Millichap, Inc. ("MMI"), a real estate brokerage firm that marketed the relevant nursing facilities, and Michael Bokor, the president of the company responsible for managing...

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