We previously covered the Eleventh Circuit’s decision to deny rehearing in Johnson v. NPAS Solutions, LLC, 2022 WL 3083717 (11th Cir. Aug. 3, 2022), which had held that district courts may not approve incentive awards for class representatives in class action settlements. Since that time, we have also covered decisions from other courts (including the Seventh Circuit) which declined to follow the Eleventh Circuit, leaving that court standing alone in barring incentive awards. The Federal Circuit has now also declined to follow the Eleventh Circuit’s minority view.
Continue Reading Federal Circuit Agrees with Majority View on Class Representative Incentive AwardsIncentive Awards
Seventh Circuit Declines to Deepen Circuit Split on Incentive Awards
By Class Actions Team on
In Scott v. Dart, 99 F.4th 1076 (7th Cir. 2024), the Seventh Circuit held that incentive awards are sufficient to confer standing on named plaintiffs in appeals of class certification orders. In doing so, it declined to follow a recent Eleventh Circuit decision holding that incentive awards are unlawful.
Continue Reading Seventh Circuit Declines to Deepen Circuit Split on Incentive AwardsEleventh Circuit Confirms Circuit Split Over Class Representative Incentive Awards
By Jeffrey Huberman on
The en banc Eleventh Circuit recently denied a petition to rehear the case of Johnson v. NPAS Solutions, LLC (Johnson II). See 2022 WL 3083717 (11th Cir. Aug. 3, 2022). The initial opinion in Johnson relied on two Supreme Court decisions from the 1880s to hold that…
Continue Reading Eleventh Circuit Confirms Circuit Split Over Class Representative Incentive Awards