Mercer Law Review: Class Actions

white-blue-grey-supreme-court-USwhite-blue-grey-supreme-court-US

Mercer Law Review: Class Actions

May 15, 2024

United States
United States
United States

The United States Court of Appeals for the Eleventh Circuit’s 2023 class-action decisions1 continued to grapple with Article III2 standing requirements while also demonstrating, in two decisions, the court’s longstanding generally permissive posture toward approval of class-action settlements. A significant deviation from the latter tendency is the court’s increasingly isolated position on payment of incentive awards to class representatives. Alone among the circuits, the court prohibits such payments, creating an inter-circuit conflict that seems inevitably headed to the Supreme Court. In the meantime, within the circuit, class counsel face a unique hurdle in crafting settlements and dealing with class representatives.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer.

Services

Client Tools

Key contacts

tombyrne@eversheds-sutherland.com

Thomas M. Byrne

Senior Counsel

Atlanta, United States

staceymohr@eversheds-sutherland.com

Stacey Mohr

Partner

Atlanta, United States

Latest Insights

Latest News

Latest Events

shopping district

legal updates

May 29, 2026

Consumer Lens - Session 1 | The Rise of European Class Actions

Business meeting close up discussing data

podcasts and webcasts

May 29, 2026

Tax NOLs in Cross-Border Structures Webinar

Pay-Transparency-Waterdroplets-on-glass

legal updates

May 28, 2026

EU Pay Transparency Directive

Low angle skyscrapers glass offices modern city architecture perspective

legal updates

May 26, 2026

Soft Focus

© Eversheds Sutherland 2026. All rights reserved. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed or affiliated firms and the members of Eversheds Sutherland (Europe) Limited and Eversheds Sutherland (Africa) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For further information about these Eversheds Sutherland Entities and Eversheds Sutherlands’ structure please see the Legal Notices page of this website.