Court Nixes Class Settlement Approval for Lack of Representatives’ Standing to Seek Key Injunctive Relief
Posted on Apr 28, 2023 in Class Actions | Comments Off on Court Nixes Class Settlement Approval for Lack of Representatives’ Standing to Seek Key Injunctive Relief
The Eleventh Circuit recently vacated approval of a class settlement which included, as an integral part, injunctive relief that no class representative had Article III standing to seek. Williams v. Reckitt Benckiser LLC, 2023 WL 2906311 (11th Cir. Apr. 12, 2023), was brought on behalf of a class of individuals who purchased “brain performance supplements” under the brand name Neuriva....
Supreme Court Denies Certiorari in Eleventh Circuit Case Banning Class-Action Incentive Payments for Plaintiffs
Posted on Apr 17, 2023 in Class Actions | Comments Off on Supreme Court Denies Certiorari in Eleventh Circuit Case Banning Class-Action Incentive Payments for Plaintiffs
The Supreme Court today denied certiorari in Johnson v. Dickenson, No. 22-389, 2023 WL 2959369 (U.S. Apr. 17, 2023), declining to review the Eleventh Circuit’s decision that incentive awards in class actions are impermissible under federal law. Johnson v. NPAS Sols., LLC, 975 F.3d 1244 (11th Cir. 2020), denial of rehearing en banc, 43 F.4th 1138 (11th Cir. 2022). Posted by Tom...
Full Court to Rehear Uninjured Class Member TCPA Standing Case
Posted on Mar 16, 2023 in Class Actions | Comments Off on Full Court to Rehear Uninjured Class Member TCPA Standing Case
The en banc Eleventh Circuit announced on March 13 that it would rehear Drazen v. Pinto and vacated the panel opinion. As discussed in our post on the panel decision, the case addresses whether class members who lack Article III standing with respect to the claims asserted by the class are nonetheless permitted to receive benefits from a class settlement. The case also features a...
No Class-Action Tolling for Chiquita Terrorism Plaintiffs
Posted on Sep 15, 2022 in Class Actions | Comments Off on No Class-Action Tolling for Chiquita Terrorism Plaintiffs
The court was presented with a set of exotic facts in Garcia v. Chiquita Brands International, 2022 U.S. App. LEXIS 25192 (11th Cir. Sept. 8, 2022), but applied two familiar principles of civil procedure to decide the relatively narrow issues on appeal. The decision was the court’s second in the controversy arising from Chiquita’s guilty plea to unlawfully funding a paramilitary...
Settlement Class Defined to Include Uninjured Members Cannot Be Approved
Posted on Aug 18, 2022 in Class Actions | Comments Off on Settlement Class Defined to Include Uninjured Members Cannot Be Approved
An appeal concerning the meaning of coupon settlements under the Class Action Fairness Act instead produced an important opinion, Drazen v. Pinto, 2022 LEXIS 20766 (11th Cir. July 27, 2022), addressing the certification of classes that are defined to include members who have not been injured. Some background may be helpful in understanding the ruling. In TransUnion LLC v. Ramirez, 141...
En Banc Court Stands by Ban on Class-Action Incentive Payments for Plaintiffs
Posted on Aug 11, 2022 in Class Actions | Comments Off on En Banc Court Stands by Ban on Class-Action Incentive Payments for Plaintiffs
Nearly two years after a divided three-three judge panel held that federal law prohibits “incentive payments” to named class representatives (see our previous blog post here), the Eleventh Circuit denied a petition to rehear that case en banc. Johnson v. NPAS Solutions, LLC, 2022 U.S. App. LEXIS 21455 (11th Cir. Aug. 3, 2022). The denial effectively upholds that prohibition across...