Objecting Plaintiffs contend that the settlement agreement, which provides for incentive awards to named plaintiffs “in support of the [s]ettlement,” created a conflict of interest between the class representatives and the class. Objecting Plaintiffs also assert that, as a result of this conflict, class counsel engaged in conflicted representation by continuing to represent the settling class representatives (“Settling Plaintiffs” or “class representatives”) and the class at large after the two groups developed divergent interests. Objecting Plaintiffs thus contend that the class representatives and class counsel were inadequate to represent the absent class members. See Fed. R. Civ. P. 23(a)(4), 23(g)(1)(B). Upon review of the record and reflection on our precedents, we agree.
Slip op. at 13.
The opinion is available here.