Ira Holtzman v. Gregory Turza
IRA HOLTZMAN, individually and as the representative of a class of similarly situated persons |
GREGORY P. TURZA |
11-3188 |
September 26, 2011 |
U.S. Court of Appeals, Seventh Circuit |
Maryland Unassigned |
Other Statutory Actions |
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Filing 702061094 Filed opinion of the court by Judge Easterbrook. The district court's decision on the merits is AFFIRMED, but the remedial order is VACATED. The case is REMANDED with instructions to enter a judgment requiring Turza to remit to the registry or to a third-party administrator. Once the court knows what funds are available for distribution, it should (if necessary) reconsider how any remainder will be applied. It may also be necessary to reconsider the "incentive award" to the representative plaintiff (which appears to be a "disincentive award") and the way in which the class counsel are compensated. See Boeing Co. v. Van Gemert, 444 U.S. 472 (1980). Frank H. Easterbrook, Chief Judge; Ann Claire Williams, Circuit Judge and John Daniel Tinder, Circuit Judge. [6510549-1] [6510549] [11-3188, 11-3746] |
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Plaintiff - appellee: IRA HOLTZMAN, individually and as the representative of a class of similarly situated persons | |
Represented By: | Brian J. Wanca |
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Defendant - appellant: GREGORY P. TURZA | |
Represented By: | Steven D. Pearson |
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