The Fourth Circuit’s opinion in Bell v. Brockett, No. 18-1149 (4th Cir. Apr. 25, 2019), posits that “[d]efendant class actions are so rare they have been compared to unicorns.” But what may be even rarer is an opinion, like Bell, in which a court opines on the fundamental and concerning nature of the district court’s clear errors regarding the appointment of class counsel, but nonetheless decides not to reverse.
Bell arises from the ZeekRewards.com (“Zeek”) fraud scheme. Zeek offered participants the opportunity to share in revenues generated by Zeek’s supposed ...
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