Eleventh Circuit Flatly Bans Incentive Payments to Rule 23 Class Representatives in Settlements

In a startling opinion, Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir. Sept. 17, 2020), a 2-1 panel announces that incentive payments of any kind to Rule 23 class representatives are incompatible with common-fund principles and are therefore banned. The panel vacates a $6000 incentive payment in a Telephone Consumer Protection Act class settlement.Continue reading “Eleventh Circuit Flatly Bans Incentive Payments to Rule 23 Class Representatives in Settlements”