Articles: 1-10 of 72

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…

What to Expect When You’re Expecting a Biometric Class Action: Settlements

USA - April 25 2022 Biometric class actions have proliferated in recent years — and with more states eyeing comprehensive data privacy legislation, companies that use…

Financial Negligence Claim Reversed in Mississippi Supreme Court

USA - March 16 2021 In Gloria Baker, et al. V. Raymond James & Associates Inc., et al., the Mississippi Supreme Court on March 4 reinstated a trial court ruling that…

Setting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class Certification

USA - March 3 2021 In a decision that narrows the path to class certification in federal court, the Fifth Circuit has held that a plaintiff must clear the Daubert…

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…

No Worse for Butter: Ninth Circuit Says Popcorn’s “Secret” Ingredient Does Not Confer Article III Standing

USA - December 21 2020 The Ninth Circuit recently determined that the mere presence of artificial trans fats in popcorn (i.e., the “butter” in butter flavored popcorn) does…

Competing Duties and Courts: 11th Circuit Clarifies Procedures and Counsel Duties in Competing Class Actions

USA - December 16 2020 The 11th Circuit recently addressed the issue of competing or overlapping class actions, which often create problems for both the plaintiffs’ counsel…

The En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing

USA - November 5 2020 In a decision that narrows the path to federal court for plaintiffs seeking statutory damages with no actual harm, the full 11th Circuit has held…

CARES Act Doesn’t Entitle Accountants to Fees for Helping Borrowers Get PPP Loans

USA - October 29 2020 The Paycheck Protection Program (PPP) of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which was expanded by the Paycheck…

11th Circuit Forbids Incentive Payments

USA - September 22 2020 You need to read Johnson v. NPAS Solutions, LLC. This recent decision from the 11th Circuit fundamentally changes the rules of obtaining approval for…