A major decision outlawing “incentive” or “service” awards to named class representatives in settlements highlighted the United States Court of Appeals for the Eleventh Circuit’s class-action work during 2020. The court became the first court to prohibit such awards, disrupting settlement negotiations across the circuit—if not elsewhere—while challenging courts and litigants to identify the precise scope of the new doctrine. In other cases this year, the court tackled issues related to class settlements, standing, and exceptions to Class Action Fairness Act (CAFA) jurisdiction, and decided what looks to be the beginning of the end of the Florida tobacco-litigation appeals that have come to be known as the “Engle progeny.”
Byrne, Thomas M. and Mohr, Stacy McGavin
Mercer Law Review: Vol. 72:
4, Article 6.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol72/iss4/6