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ARTICLE · 03 APRIL 2023

Challenges To Service Awards In Class-Action Settlements Gain Steam

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Most class-action lawyers know about Johnson v. NPAS Solutions., LLC—an Eleventh Circuit panel decision that outlawed service awards to lead plaintiffs in class actions...

United StatesLitigation, Mediation & Arbitration
Eric T. Werlinger
Eric T. Werlinger
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Most class-action lawyers know about Johnson v. NPAS Solutions., LLC—an Eleventh Circuit panel decision that outlawed service awards to lead plaintiffs in class actions, which "compensate[] a class representative for his time and rewards him for bringing a lawsuit." 975 F.3d 1244, 1260 (11th Cir. 2020). You'd be forgiven for initially writing off Johnson as an aberration. It overturned decades of longstanding class-action practice based upon two 19th Century Supreme Court cases that pre-date Federal Rule of Civil Procedure 23. The decision has been criticized since its publication (namely by the plaintiffs' bar). It drew a lengthy dissental signed by four judges after the full Eleventh Circuit denied en banc rehearing. And two other federal appellate courts recently rejected the logic of Johnson and confirmed the legality of service awards to lead plaintiffs. Murray v. Grocery Delivery E-Servs. USA Inc., 55 F.4th 340 (1st Cir. 2022); In re Apple Inc. Device

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