When a products manufacturer spends nearly $40 million to settle a class action regarding alleged defects in its products and alleged misconduct in their marketing, it might reasonably expect that a class member could not subsequently bring a lawsuit about the same product. This may especially be true where a […]
The past few years have been eventful when it comes to class-action incentive awards. As 2022 comes to an end, it is a good time to take stock of the state of the circuit split on incentive awards—in anticipation of what 2023 may bring. As the Best in Class blog […]
Until recently, litigators on both sides of the “v.” routinely included incentive awards in class-action settlements. The Eleventh Circuit’s recent decision in Johnson v. NPAS Solutions, LLC, 975 F.3d 1244 (11th Cir. 2020), shook things up, holding incentive awards are prohibited under Supreme Court caselaw dating back over a century. […]
