A federal appeals court that unraveled a $310 million class action settlement with Apple reaffirmed its position on a growing controversy in class actions likely to end up before the U.S. Supreme Court: monetary awards granted to lead plaintiffs.

Incentive awards, which are common in class actions, came under attack two years ago after the U.S. Court of Appeals for the Eleventh Circuit banned their use, based on two U.S. Supreme Court decisions from the 1800s.