Class Settlements: Incentive Awards After Johnson v. NPAS Solutions, Increased Judicial Scrutiny, and More
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will guide counsel through the emerging trend toward heightened scrutiny of class action settlements, including the recent, stunning rejection of incentive awards by the Eleventh Circuit. The panel will examine what the Eleventh Circuit's 2020 decision striking down the routine practice of providing incentive awards to named plaintiffs means to class action practitioners, both plaintiffs’ and defense counsel. The panel will also discuss strategies for counsel seeking approval of proposed class action settlements.
- Overview of FRCP 23(e)
- Factors that could trigger heightened scrutiny of settlements, including:
- Notice and timing issues
- Clear sailing agreements
- Reversionary provisions
- Traditional incentive payments
- Validity of incentive payments after Johnson v. NPAS Solutions LLC
The panel will review these and other issues:
- Which courts are applying increased scrutiny to class settlements?
- In what ways is judicial approval more difficult to attain?
- What is the effect of Johnson v. NPAS Solutions LLC, and how should counsel respond?
Ms. Kokolis has a special practice emphasis on complex and appellate litigation, particularly the defense and... | Read More
Ms. Kokolis has a special practice emphasis on complex and appellate litigation, particularly the defense and settlement of class actions. She has litigated dozens of class action suits in federal and state trial and appellate courts involving insurance coverage and claims practices, as well as constitutional cases, consumer fraud and product liability, among others.Close
Erica W. Rutner
Lash & Goldberg
Ms. Rutner represents clients in a variety of complex commercial litigation matters throughout the country. Her... | Read More
Ms. Rutner represents clients in a variety of complex commercial litigation matters throughout the country. Her practice is primarily focused on the defense of consumer class actions and multi-district litigations, and she has successfully represented numerous public and private organizations facing high-stakes class actions brought under the Class Action Fairness Act (CAFA). Ms. Rutner’s extensive class action and commercial litigation experience includes consumer protection and privacy claims, products liability, health care, and mass torts.Close
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