law, are fundamentally collective. See id. at 1333. Lindsey’s reasoning did not rely on a characterization of punitive damages under Alabama law, but was instead based on the principle that “the claims of several plaintiffs, suing as members of a class, cannot be aggregated for the purpose of satisfying th[e] jurisdictional predicate.” Lindsey, 576 F.2d at 594 (citing Snyder v. Harris, 394 U.S. 332, 89 S.Ct. 1053, 22 L.Ed.2d 319 (1969)). After Allen was decided, we followed Lindsey and held that punitive damages should not be aggregated and attributed to each plaintiff for purposes of determining the amount in controversy. See Ard v. Transcontinental Gas Pipe Line Corp., 138 F.3d 596, 602 (5th Cir.1998). See also Cohen v. Office Depot, Inc., 204 F.3d 1069, 1073-77 (11th Cir.2000) (<HOLDING>), petition for cert. filed, No. 00-246 (U.S.
holding that punitive damages are recoverable in a claim for retaliation under the flsa holding that tapscott v ms dealer service corp 77 f3d 1353 11th cir1996 which considered a class claim for punitive damages in the aggregate was inconsistent with lindsey because the court was bound by lindsey it divided a 10 million claim for punitive damages among 39000 class members and held that the amount in controversy requirement was not met holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable holding a court may not award punitive damages holding that even if the trial court had erred in denying the defendants motion for a directed verdict on punitive damages the error was harmless because the jury found in favor of the defendant and never reached the punitive damages claims