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ARKIN v. PRESSMAN, INC.

No. 21-11019, No. 21-11502.

38 F.4th 1001 (2022)

Steven ARKIN, Anderson & Wanca, Plaintiffs-Appellants, William P. Sawyer, M.D., individually and as the representative of a class of similarly-situated persons, et al., Consolidated Plaintiffs, v. PRESSMAN, INC. Consolidated Plaintiff-Appellee, Smith Medical Partners, LLC, Delaware limited liability company, H.D. Smith, LLC, Delaware limited liability company, John Does 1-5, Defendants-Appellees. Dr. Steven Arkin, a Florida resident, individually and as the personal representative of a class of similarly-situated persons, Anderson & Wanca, Plaintiffs-Appellants, William P. Sawyer, M.D., individually and as the representative of a class of similarly-situated persons, et al., Consolidated Plaintiffs, v. Pressman, Inc., Consolidated Plaintiff-Appellee, Smith Medical Partners, LLC, Delaware limited liability company, H.D. Smith, LLC, Delaware limited liability company, John Does 1-5, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: June 30, 2022.

Attorney(s) appearing for the Case

Glenn L. Hara , Ross M. Good , Ryan Michael Kelly , Anderson Wanca , Rolling Meadows , IL, Roy William Foxall , Roy W. Foxall, PA, Fort Myers, FL, for Plaintiffs-Appellants.

Phillip Andrew Bock , Bock Hatch & Oppenheim, LLC, Miami Beach, FL, Robert M. Hatch , Tod Allen Lewis , David Max Oppenheim , Jonathan B. Piper , Bock Hatch & Oppenheim, LLC, Chicago, IL, for Plaintiff-Appellee.

Martin W. Jaszcauk , Seth H. Corthell , Margaret Schuchardt , Jaszczuk, PC, Chicago, IL, Beth-Ann E. Krimsky , Lawren Adrian Zann , Greenspoon Marder, LLP, Fort Lauderdale, FL, for Defendants-Appellees.

Before Newsom, Tjoflat, and Ed Carnes, Circuit Judges.

Dr. Steven Arkin and his counsel, Anderson + Wanca ("Wanca"), appeal the District Court's denial of their motion for Wanca to receive a portion of the attorneys' fees resulting from the settlement of a class action lawsuit brought under the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. § 227. Wanca, while...

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