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
You need to read Johnson v. NPAS Solutions, LLC. This recent decision from the 11th Circuit fundamentally changes the rules of obtaining approval for class action settlements.
Johnson’s introduction emphasizes that the...more
Class actions typically involve a proposed class of plaintiffs seeking recovery from the same defendant on similar grounds. But that is not the only animal in the class action corral. Rule 23 makes this clear in its very...more
5/9/2019
/ Calculation of Damages ,
Class Action ,
Class Members ,
Class Representatives ,
Decertification ,
Due Process ,
Enforcement Actions ,
FRCP 23 ,
FRCP 23(b)(1) ,
Ponzi Scheme ,
Securities and Exchange Commission (SEC)
From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more
1/26/2018
/ American Pipe & Construction Co. v. Utah ,
Appellate Review ,
Ascertainable Class ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Congressional Review Act ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
FACTA ,
FCC ,
Financial Institutions ,
FRCP 23 ,
Microsoft v Baker ,
New Amendments ,
Personal Jurisdiction ,
Retirement ,
Richard Posner ,
SCOTUS ,
Securities Act of 1933 ,
SLUSA ,
Split of Authority ,
Spokeo v Robins ,
Statutory Damages ,
Subject Matter Jurisdiction ,
TCPA ,
The Fairness in Class Action Litigation Act of 2015 ,
Tolling ,
Trump Administration ,
Voluntary Dismissals
All class-action practitioners understand the importance of a court’s decision to certify a class—the pivotal point at which a putative class action can transform into a reality, promising vast settlement pressure on the...more