11th Circ. Ban On Service Awards May Inhibit Class Actions

By William Reiss and Dave Rochelson (May 19, 2022, 4:43 PM EDT) -- It is common in class action practice, after years of litigation, for class counsel to seek, and for courts to award, an incentive or service award to the individuals or businesses who stepped forward to represent the class and make the case possible. But the availability of service awards has fallen under a dark cloud — at least in one federal circuit — thanks to the 2020 decision in Johnson v. NPAS Solutions.[1]

In Johnson, a divided panel of the U.S. Court of Appeals for the Eleventh Circuit departed from decades of established case law — and the law in every...

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