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GELIS v. BMW OF NORTH AMERICA, LLC

No. 21-2093.

49 F.4th 371 (2022)

Artem V. GELIS; Bhawar Patel; Robert McDonald; James V. Olson; Gregory Heyman; Susan Heyman; Debra P. Ward; Darrian Stovall; Alex Martinez; Amanda Gorey; Chris Williams; Ashok Patel; Kenneth Gagnon; Michael Cerny; Maria Meza; Andre Malske; Nicole Guy; David Richardson; Stacey Turner; Eric T. Zinn, individually and on behalf of all others similarly situated, v. BMW OF NORTH AMERICA, LLC, Appellant.

United States Court of Appeals, Third Circuit.

(Opinion Filed: September 9, 2022).

Attorney(s) appearing for the Case

Christopher J. Dalton (Argued), 550 Broad Street, Suite 810, Newark, NJ 07102, Jacqueline M. Weyand , Buchanan Ingersoll & Rooney, 640 5th Avenue, 9th Floor, New York, NY 10019, Counsel for Appellant.

Jay I. Brody , Gary S. Graifman (Argued), Kantrowitz Goldhamer & Graifman, 135 Chestnut Ridge Road, Suite 200, Montvale, NJ 07645, Randee Matloff , Bruce H. Nagel (Argued), Nagle Rice, 103 Eisenhower Parkway, Roseland, NJ 07068, Thomas P. Sobran , 7 Evergreen Lane, Hingham, MA 02043, Counsel for Appellees.

Before: AMBRO, RENDELL, and FUENTES, Circuit Judges.

OPINION

After the dust settles in a class action lawsuit, lawyers often remain to squabble over class counsel fees. Trying to avoid that fate, the parties here made an agreement: Appellant BMW of North America, LLC would not object to an award up to $1,500,000, and class counsel would not request an award above $3...

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