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On September 18, 2020, we wrote an article discussing how the United States Court of Appeals for the Eleventh Circuit in Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir. 2020) held that class action incentive payments were improper because “incentive award[s] constitute[] a salary, a bounty, or both[.]”

While the Eleventh Circuit mulls on whether to review this issue en banc, on January 14, 2020, the United States Court of Appeals for the Sixth Circuit weighed in on the issue further deepening the circuit split if the Eleventh Circuit does not reverse course.

In Shane Group, Inc. … Continue Reading

For more than a decade, United States District Courts have taken a stark approach to the need for appropriate class definitions and ascertainability in federal class actions.  Mueller v. CBS, Inc., 200 F.R.D. 227, 233 (W.D. Pa. 2001) (a class definition cannot be “amorphous, vague or indeterminate.”); Adair v. Johnston, 221 F.R.D. 573, 577 (M.D. Ala. 2004) (“[F]or a party to represent a class, the class sought to be represented must be adequately defined and clearly ascertainable.”).

The United States Courts of Appeals have followed suit.  Young v. Nationwide Mut. Ins. Co., 693 F.3d 532, 538 (6th … Continue Reading