Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit held that the district court, in approving the class action settlement underlying this appeal, repeated several errors that have become commonplace in everyday class action practice. First, the district court violated the plain terms of Federal Rule of Civil Procedure 23(h) by setting a schedule that required class members to file any objection to the settlement—including any objection pertaining to attorneys' fees—more than two weeks before class counsel had filed their fee petition. However, on the record, the district court's error was harmless. Second, the district court ignored on-point Supreme Court precedent by awarding the class representative a $6,000 incentive payment as acknowledgement of his role in prosecuting the case on behalf of the class members.
Finally, in approving class counsel's fee request, overruling objections, and approving the parties' settlement, the district court made no findings or conclusions that might facilitate appellate review. Rather, the district court offered only rote, boilerplate pronouncements ("approved," "overturned," etc.). Therefore, the district court violated the Federal Rules of Civil Procedure and the court's precedents requiring courts to explain their class-related decisions. Accordingly, the court reversed in part, vacated in part, and remanded for the district court to adequately explain its fee award to class counsel, its denial of the interested party's objections, and its approval of the settlement.