One U.S. appeals court this week cemented its split with another on an issue that crops up repeatedly in class action litigation: Can courts award incentive payments to plaintiffs who serve as class representatives?
, which predated the 11th Circuit’s NPAS decision. In Melito, the appeals court simply said that Greenough and Pettus were “inapposite” because neither offered “factual settings akin to those” in the Experian class action.
“We are not persuaded,” wrote Judge Raymond Lohier for a panel that also included Judges Robert Sack and William Nardini. "Neither the Melito opinion nor the Navient opinion provides any analysis to explain how Greenough and Pettus are factually distinguishable in any way that might warrant departure from binding Supreme Court precedent," Isaacson said.
Hamilton Lincoln’s Anna St. John said by email that the nonprofit, which will provide information to “anyone and everyone,” is not a benefit for the class. “This is another example of the abusive use of cy pres to support causes favored by the attorneys,” St. John said.
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