PRACTITIONER BLOG

Read our analyses of developments in Impact Litigation and stay current on class action law

Impact Fund & Amici to Eleventh Circuit: Eliminating Service Awards Endangers Class Actions
Class Actions, Service Awards Teddy Basham-Witherington Class Actions, Service Awards Teddy Basham-Witherington

Impact Fund & Amici to Eleventh Circuit: Eliminating Service Awards Endangers Class Actions

A recent decision by the Eleventh Circuit Court of Appeals stunned the class action and civil rights community. In Johnson v. NPAS Solutions., LLC, 975 F.3d 1244, a 2-1 majority ruled that service awards for class representatives in class actions are categorically unlawful.On October 29, the Impact Fund filed an amicus brief calling on the full Eleventh Circuit to review the decision en banc. Our amicus brief on behalf of civil rights groups argues that service payments and incentive awards appropriately compensate plaintiffs for the considerable responsibility they undertake in class action cases and on behalf of fellow class members.

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Impact Fund Applauds House Passage of FAIR Act Bill, Limiting Forced Arbitration
Forced Arbitration, Class Action Waiver Teddy Basham-Witherington Forced Arbitration, Class Action Waiver Teddy Basham-Witherington

Impact Fund Applauds House Passage of FAIR Act Bill, Limiting Forced Arbitration

The FAIR Act would invalidate any agreements requiring arbitration of employment, consumer, antitrust, or civil rights claims. This means that a court could not order arbitration of any legal claim arising in those contexts; instead, plaintiffs could pursue their cases in court. The bill explicitly outlaws class or collective action waivers, thereby ensuring that group actions can remain powerful mechanisms to achieve justice.

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