The Unknown Future of Class Representative Awards

July 2023
Region: Americas

It remains unclear whether the Eleventh Circuit’s minority position will gain momentum or whether the Supreme Court ultimately will weigh in on the issue. For now, it is important that parties settling class actions in the Eleventh Circuit are aware they cannot provide incentive awards as part of the settlement, and those outside of the Eleventh should draft their settlement agreements to withstand possible objections to such awards.

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