The United States Supreme Court has again granted a petition to examine standing in the context of class actions, specifically whether Article III of the Constitution permits members of a certified class to recover money damages when members of the certified class suffered no actual injury. This issue was presented to the Supreme Court after
Emily Kesler
Eleventh Circuit Ends “Routine” Practice of Awarding Incentive Payments to Named Class Representatives
By Emily Kesler on
Posted in TCPA
It is not atypical for class actions to be brought seeking damages that can be characterized as nominal in nature. An oftentimes powerful incentive for potential class representatives to put their names on a putative class action is the promise of an incentive payment or award, paid to the class representative out of a class…
Seventh Circuit Orders Disgorgement of Settlement Proceeds Paid to Bad-Faith Objectors to Class Action Settlements, Ending “Objector Blackmail”
By Emily Kesler on
When a class action settlement is proposed for approval, the class members have three options, (1) they can remain in the settlement class, (2) opt-out of the settlement to preserve their individual claims, or (3) they can object to the settlement if they believe it to be in some way unfair or inequitable. The latter…