Today, it is impossible to guess what law previously considered to be settled will be newly determined to violate historical precedent or the Constitution.  In September 2020, the Eleventh Circuit decided in Johnson v. NPAS Solutions, LLC, that class representatives may no longer receive incentive awards as part of a class action’s settlement agreement.  Two years later, in August 2022, the court refused to rehear the case en banc.  The Johnson decisions upended decades of rulings that acknowledged the legality of giving nominal payments to individuals who elect to represent a class. As other Circuits review the issue, it becomes ever more likely that the Supreme Court will consider it, and perhaps even provide further insight on how to address nineteenth century case law in
The US Court of Appeals for the Eleventh Circuit blocks the payment of incentives to class representatives and denies an en banc hearing on the grounds that it violates historical precedent, signalling a different approach to other Circuit Courts (Johnson / NPAS Solutions)
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