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Circuit Split on Incentive Payments to Class Representatives Deepens

USA - October 7 2022 Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive…

Dylan C. Black, Michael R. Pennington, J. Thomas Richie, Scott Burnett Smith

Eleventh Circuit Rejects Administrative Feasibility as a Requirement for Class Actions

USA - February 22 2021 Can a plaintiff represent a class without showing that there’s a feasible way to identify the absent class members? In its recent decision in Cherry…

J. Thomas Richie

“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III Standing

USA - December 6 2019 The Eleventh Circuit last month issued a significant class action opinion in Cordoba v. DirectTV, LLC, vacating a class certified in a TCPA class…

John E. Goodman, J. Thomas Richie

“Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class Claims

USA - June 3 2019 To the surprise of many observers (including us), the Supreme Court held last week in Home Depot USA Inc. v. George Jackson that a third-party…

Nicholas A. Danella, Dylan C. Black, Michael R. Pennington

SCOTUS Blows Down Apple’s House Made of Illinois Brick

USA - May 21 2019 In a 5-4 split decision, the U.S. Supreme Court appears to have reworked a longstanding precedent that has been a foundation of antitrust litigation…

Nicholas A. Danella