News & Analysis as of

Settlement Class Representatives

Kaufman & Canoles

Credit Union Client Alert - NC Process for Settlement of a Putative Class Action Dispute

Kaufman & Canoles on

NC Process for Settlement of a Putative Class Action Dispute: Terri Moose vs. Allegacy Federal Credit Union - Sometimes, the short-cut turns out to be the long way around. A North Carolina Business Court opinion by Judge...more

BakerHostetler

New Challenges to Incentive Awards for Class Representatives Invite Supreme Court Review

BakerHostetler on

Last week, the U.S. Court of Appeals for the Second Circuit issued a decision that highlights a growing disagreement among federal appellate courts as to whether class action settlements may include a cash incentive award to...more

Bradley Arant Boult Cummings LLP

Circuit Split on Incentive Payments to Class Representatives Deepens

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements...more

ArentFox Schiff

Discoverability of Retainer Agreements in Class Actions

ArentFox Schiff on

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

ArentFox Schiff on

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

JAMS

Eleventh Circuit Decision Prohibits Incentive Awards for Class Reps

JAMS on

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

Goodwin

11th Circuit Overrules Incentive Award in Class Action Settlement

Goodwin on

On September 17, 2020, the Eleventh Circuit Court of Appeals (Eleventh Circuit) issued an important decision regarding incentive payments in class-action settlements in Telephone Consumer Protection Act (TCPA) cases. In...more

Lathrop GPM

Eleventh Circuit Breaks “New Ground” for Common Class Action Practice: Incentive Awards Banned by 1880s Supreme Court Precedent

Lathrop GPM on

In a surprising opinion, the Eleventh Circuit politely pointed out that “The Emperor has no clothes.” A common practice in class actions is for class representatives to claim and settling defendants to pay incentive awards....more

Womble Bond Dickinson

Supreme Court Watch: Justices Seek Briefing on Potential Application of Spokeo

Womble Bond Dickinson on

Here at FCRAland, we frequently discuss cases applying the Supreme Court’s 2016 case Spokeo v. Robbins.  That case specified that, for a plaintiff to have standing under FCRA, the plaintiff would need to allege an injury that...more

Carlton Fields

Class Representatives Do Not Hold Veto Power Over Class Settlement

Carlton Fields on

In In re FedEx Ground Package Sys., Inc. Employment Practices Litig., No. 3:05-CV-595 RLM, 2017 WL 632119 (N.D. Ind. Feb. 14, 2017), only one of a total of seven class representatives signed off on accepting a proposed class...more

Patterson Belknap Webb & Tyler LLP

Appeals Court Sends Target Settlement Back

Today, the U.S. Court of Appeals for the Eighth Circuit vacated the class action settlement between Target Corp. and consumers whose card data was compromised in the company’s 2013 data breach. ...more

BCLP

Uber Settlement Under Fire, As Named Plaintiff, Others Object

BCLP on

In a development one does not see everyday, named Plaintiff Douglas O’Connor has submitted a declaration blasting the settlement reached in the litigation bearing his name: O’Connor et al. v. Uber Technologies, Case No....more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Takes On Class Actions, Again

Over recent years the United States Supreme Court has waded deep into the waters of class certification, significantly altering the playing field for class action claims. As the Supreme Court continues its 2015 session, it...more

Zelle  LLP

Incentive Award Guidance From Recent Class Actions

Zelle LLP on

Class representatives play a vital role in competition and other class actions. They participate in the litigation process as an individual plaintiff would — devoting their time and resources to the case, and undertaking...more

BakerHostetler

Disproportionately Favoring the Named Plaintiffs Kills Settlement, Says Sixth Circuit

BakerHostetler on

The Sixth Circuit recently limited defendants’ ability to craft settlements that disproportionately favor the class representatives. Vassalle v. Midland Funding LLC, — F.3d –, 2013 WL 673517 (6th Cir. Feb. 26, 2013). Though...more

BakerHostetler

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

BakerHostetler on

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

Wilson Sonsini Goodrich & Rosati

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide