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. In the past month, however, the Second and Ninth Circuits have rejected the Eleventh Circuit’s NPAS decision, concluding that there is no automatic bar of incentive
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The En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing
Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration
“Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class Claims
“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”
The Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action
Lamps Plus v. Varela: It’s Lights Out for Class Arbitration under Ambiguous Arb Agreements
Say What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense as to Every Single Class Member
Another Punt: The Supreme Court Denies Certiorari in the Zappos Case
Frank v. Gaos: Remand, but Little Guidance.
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