Amicus Brief: Jenna Dickenson v NPAS Solutions LLC
In Dickenson v. NPAS Solutions, the Panel banned granting service awards to class representatives. As such, COSAL filed this brief in support of rehearing the case en banc in order to reverse the Panel’s decision and allow service awards to be awarded to class representatives. Those who serve as representatives take on a role that ultimately benefits the entire class. They have many responsibilities and tasks to complete, which take extensive time and resources. This role is accompanied by many risks for which they put their livelihoods and reputation on the line. Without proper compensation, the class action system would be in danger. Fears of potential retaliation from large corporations may not outweigh any potential benefits for representatives; therefore, fewer people will be interested in challenging anticompetitive conduct. COSAL recognized that this risk should be appropriately acknowledged and compensated through service awards, as this will promote effective class action litigation. COSAL members Charles Nauen, Heidi Silton, W. Joseph Bruckner, Kristen Marttila, Justin Erickson, and Robert Kitchenoff wrote this brief.