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Attorney's Fees Class Representatives

Venable LLP

About That First Florida Telephone Solicitation Act Class Action Settlement…

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The plaintiff in Alvarez v. Sunshine Life & Health Advisors LLC - the first Florida Telephone Solicitation Act (FTSA) action to settle on a class basis - filed his motion for preliminary approval of the settlement. And the...more

ArentFox Schiff

Discoverability of Retainer Agreements in Class Actions

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Class action defense counsel should not assume that engagement letters and retainer agreements between representative plaintiffs and class counsel are privileged. Under Rule 23’s “adequacy” requirement, these letters can be...more

ArentFox Schiff

Class Action Quarterly Update: Discoverability of Retainer Agreements in Class Actions

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Class action defense counsel should not assume that engagement letters and retainer agreements between representative plaintiffs and class counsel are privileged. Under Rule 23’s “adequacy” requirement, these letters can be...more

Morris James LLP

Court of Chancery Denies Lead Plaintiff’s Application for Incentive Fee from Overall Fee Award

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Morrison v. Berry, C.A. No. 12808-VCG (Del. Ch. July 12, 2021) - Delaware courts generally do not award special compensation to lead plaintiffs in class action litigation. Delaware courts typically limit awards to...more

Proskauer - Advertising Law

Split Eleventh Circuit Panel Eliminates Incentive Awards for Class Representatives

Last month, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it...more

Ballard Spahr LLP

11th Circuit Eliminates Incentive Awards for Class Action Plaintiffs

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In a split decision, the 11th Circuit rejected a $6,000 incentive award for the named plaintiff in a TCPA class action. According to the majority in Johnson v. NPAS Solutions, LLC, U.S. Supreme Court precedent prohibits such...more

JAMS

Eleventh Circuit Decision Prohibits Incentive Awards for Class Reps

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On September 17, 2020, the U.S. Court of Appeals for the Eleventh Circuit issued a bombshell decision: A court may not award an incentive fee to a class representative. This is surprising, if not shocking, as it is standard...more

Ballard Spahr LLP

Eleventh Circuit Eliminates Incentive Awards for Class Action Plaintiffs

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In a split decision, the Eleventh Circuit rejected a $6,000 incentive award for the named plaintiff in a TCPA class action. According to the majority in Johnson v. NPAS Solutions, LLC, U.S. Supreme Court precedent prohibits...more

Seyfarth Shaw LLP

The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

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Seyfarth Synopsis: Incentive awards for class representatives are impermissible, according to a ground-breaking decision last week by the U.S. Court of Appeals for the Eleventh Circuit. Though not an employment case, the...more

Seyfarth Shaw LLP

Eleventh Circuit Ends “Routine” Practice of Awarding Incentive Payments to Named Class Representatives

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It is not atypical for class actions to be brought seeking damages that can be characterized as nominal in nature. An oftentimes powerful incentive for potential class representatives to put their names on a putative class...more

Foley & Lardner LLP

Divided Eleventh Circuit Panel Bars Incentive Awards for Class Representatives in Class Action Settlements

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While not authorized by Rule 23, incentive awards to class representatives are a common feature of class action settlements. Nevertheless, a divided Eleventh Circuit panel ruled last Thursday that such payments are strictly...more

Carlton Fields

An Unauthorized Bounty: Eleventh Circuit Strikes Named Plaintiff Incentive Payment

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This week, an Eleventh Circuit panel, in a 2-1 decision, reversed the approval of an incentive payment to the named plaintiff, calling the payment an unauthorized bounty. The case involved a Telephone Consumer Protection Act...more

Womble Bond Dickinson

Ruling Denying TCPA Class Certification Highlights What’s Wrong with the System

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One of the biggest problems with the TCPA is how quickly a single call or text message can become the catalyst of a massive, and expensive nationwide class action creating significant exposure to any business caught in its...more

Fisher Phillips

7-Year Equal Pay Class and Collective Action in NJ Could Settle for $6.2 Million

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More than seven years ago, female sales representatives who worked for Merck filed a class and collective action alleging discrimination in pay on the basis of their gender in violation of the Equal Pay Act (EPA) and Title...more

Womble Bond Dickinson

Preliminary approval of class action settlement for Experian data breach exceeds $47M

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Remember Experian’s massive data breach of 15 million customers in 2015? The resulting consolidated class action is nearly resolved. On December 3, 2018, a California federal judge granted preliminary approval to a proposed...more

Carlton Fields

The Bitter And The Sweet

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On October 3, the Eleventh Circuit Court of Appeals affirmed the district court’s approval of a class settlement, an award of attorney’s fees to class counsel, and the provision of an incentive award for the class...more

Womble Bond Dickinson

Stop Means Stop: Court Certifies TCPA Class Action in “Stop” Text Message Case–But Forces Class Counsel to Amend Retainer...

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TCPAland is so full of interesting little stories. I know from first hand experience that class counsel commonly use an unpleasant little clause to keep their would-be class representatives from settling cases...more

Carlton Fields

Conflict Of Interest Renders Spouse Of Former Class Counsel Inadequate Class Representative

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The Eastern District of New York recently held that a former class counsel’s spouse was an inadequate class representative due to the conflict of interest created by the relationship....more

Robinson+Cole Class Actions Insider

Thoughts on the Fairness in Class Action Litigation Act of 2017

A fair amount of attention has been given in the legal media to the Fairness in Class Action Litigation Act of 2017, H.R. 985, which has passed the House of Representatives and is currently under consideration by the Senate....more

Moore & Van Allen PLLC

MLB Litigation Brief: Class Action Questions Open After Scalia’s Death, Arbitration Fees and American Rule & More

2015 Witnesses Record Securities Class Actions: The National Economic Research Associates, Inc. (NERA) recently released its report, Recent Trends in Securities Class Action Litigation: 2015 Full-Year Review, detailing the...more

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