August 11, 2022
The creative ways in which judges have been complying with the Eleventh Circuit's groundbreaking ban on incentive payments for the lead plaintiff in a class action settlement are only going to continue now that the appeals court has refused to revisit its holding.
August 04, 2022
A divided Eleventh Circuit declined to rehear a panel decision finding that a robocall class action settled with over a $1.4 million deal couldn't include routine incentive awards, with a dissenting minority calling the ruling a threat to class actions.
August 03, 2021
An Eleventh Circuit prohibition on incentive payments for lead plaintiffs in class action settlements may not have turned out to be the hurdle that attorneys feared, according to a Law360 review of subsequent rulings.
October 26, 2020
The full Eleventh Circuit is being pressed to review a panel decision in a dispute over a $1.4 million robocall settlement that found class representatives can't recover routine incentive awards, with the lead plaintiff arguing that this categorical ban would hobble class action litigation and an objector to the deal taking issue with the calculation of class counsel's fees.
October 19, 2020
Employment lawyers should consider retooling class action settlement agreements to make sure that questions about incentive payments for lead plaintiffs don't blow up the whole deal in light of a recent Eleventh Circuit ruling, attorneys say.
September 17, 2020
The Eleventh Circuit on Thursday said a Florida federal judge made several errors that "have become commonplace in everyday class-action practice" when approving a $1.4 million settlement and $6,000 incentive payment for the lead plaintiff in a robocall suit, finding that U.S. Supreme Court precedent prohibits such routine incentive awards.