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December 13, 2023 Chelsea Pieroni Christopher Rhodes Jr.
Posted in  Class Action Basics

The Eleventh Circuit Speaks Firmly on Calculating Attorneys’ Fees: Look to the Local Community and Mind Your Multipliers

In a previous post, we covered Sos v. State Farm Mutual Automobile Insurance and analyzed the pick-off exception under Eleventh and Fourth Circuit case law. No. 21-11769 (11th Cir. 2023).  Sos involved another issue of significance: the calculation of attorneys’ fees, which is the subject of this blog post. Click […]

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November 30, 2023 Chelsea Pieroni Christopher Rhodes Jr.
Posted in  Class Action Basics

That Don’t Impress Me Much! Recent Eleventh Circuit Decision Weighs in on Whether Paying Off a Class Can Moot a Class Action, with Fourth Circuit Law Remaining Inconclusive.

While perhaps rare, directly paying off a named plaintiff and putative class members before class certification is one tactic for potentially nipping a class action in the bud.  It can be effective when both parties are willing to play ball and negotiate a settlement. However, a recent Eleventh Circuit decision […]

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October 19, 2023 Jeffrey Steven McConnell Warren

Incentive Awards Update: Three Years After Johnson, Courts Decline to Follow the Eleventh Circuit

In 2020, the Eleventh Circuit broke ranks with decades of precedent from nearly every federal circuit by holding that incentive awards in class action litigation are violative of 19th century precedent from the United States Supreme Court. Although the Supreme Court denied a request to review the Eleventh Circuit’s ruling, […]

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August 22, 2023 Ty Jameson
Posted in  Class Action Basics Class Certification

Eleventh Circuit Decision Narrowing Certification of Ford Mustang Class Shows How Predominance and Superiority Can Defeat Consumer Fraud Class Actions

A recent decision from the Eleventh Circuit involving allegations of fraud in Ford’s marketing of Shelby Mustangs highlights how Rule 23(b)(3)’s predominance and superiority requirements can defeat class certification in cases where reliance is an element of the plaintiffs’ claims. Cases such as this one illustrate why the necessity of […]

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