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Class Action Settlement Agreements Class Members

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

Jones Day

Rising Fraudulent Claims Submitted to Class Action Settlement Funds Heighten Settlement Risk

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Consumers frequently receive only a paltry fraction of class action settlement funds, which are instead doled out to plaintiffs’ lawyers, cy pres recipients, and administrators. Now this problem is compounded by a recent...more

Kilpatrick

Second Circuit: presumption of fairness no longer applies to class settlements negotiated at arm’s length

Kilpatrick on

Takeaway:  When evaluating the fairness of a proposed class settlement, Federal Rule 23(e)(2) requires a district court to take into account, among other considerations, the terms of any proposed award of attorneys’ fees and...more

McDermott Will & Emery

A Practical Guide to the Undistributed Settlement Funds Problem and the Cy Pres Solution

When you finally reach an agreement to settle a hotly contested class action, you want more than anything for the court to approve your settlement agreement and for the case to be over. But, to get to the end of the case,...more

Faegre Drinker Biddle & Reath LLP

First Circuit Rejects Classwide Settlement, Finds That Would-Be Class Representatives Could Not Adequately Represent Subclasses...

The First Circuit recently reversed the District of Massachusetts’s approval of a settlement award that improperly lacked any subclasses within the 4.8-million-person putative class, finding it “too difficult to determine...more

Robinson+Cole Class Actions Insider

First Circuit Rejects Class Action Settlement Based on Potential Intra-class Conflict, But Approves Named Plaintiff Incentive...

When negotiating a class action settlement, lawyers on both sides may need to consider whether subgroups within the class need to be separately represented by different counsel. The First Circuit recently reached that...more

Robinson+Cole Class Actions Insider

Ninth Circuit Addresses Class Representative Incentive Awards and Attestation Requirement

A recent Ninth Circuit decision on a class action settlement, In re Apple Inc. Device Performance Litigation, 2022 WL 4492078 (9th Cir. Sept. 28, 2022), received significant attention in the legal media. It addressed several...more

Robinson+Cole Class Actions Insider

Class Definition in Class Action Settlement Must Be Limited to Class Members That Have Standing According to Eleventh Circuit

Last week the Eleventh Circuit addressed an issue that many class action practitioners probably haven’t thought much about: whether approval of a class action settlement requires that each class member obtaining relief have...more

Foley & Lardner LLP

Fourth Circuit Holds Magistrate Judge Jurisdiction Does Not Require Absent Class Members’ Consent

Foley & Lardner LLP on

Federal law delineates a magistrate judge’s exercise of jurisdiction over a civil case. Specifically, with the “consent of the parties,” a magistrate judge may conduct “any or all proceedings . . . and order the entry of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Class Settlement and Certification

This week, the Court addresses objectors’ challenges to the approval of a settlement of class and California Labor Code Private Attorney General claims, and considers the propriety of certifying a class with parties who...more

Lowenstein Sandler LLP

A Reminder That Rule 23 Requires Hearings on All Proposed Class Settlements, Even If There Are No Objectors

Lowenstein Sandler LLP on

Certain class action settlements—like employment and consumer settlements—will very often draw objections from absent class members. But other types of settlements with more sophisticated absent class members—like antitrust...more

Foley & Lardner LLP

“How to Lose a Class Action Settlement in 10 Ways” – Recent Decisions Reflect a Trend of Applying Greater Scrutiny to Attorneys’...

Foley & Lardner LLP on

Last month, the Ninth Circuit struck down a district court’s order approving a class settlement and awarding nearly $7 million in attorneys’ fees to class counsel in a consumer class action challenging the defendant’s...more

White & Case LLP

New Italian Class Action Rules Enter Into Force on May 19, 2021

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Today, Wednesday, May 19, 2021, the new rules governing expanded class action lawsuits in Italy entered into force.  The new system applies to claims related to conducts put in place starting from today. ...more

Manatt, Phelps & Phillips, LLP

Adobe’s $1M TCPA Deal Results in $2,000 Payout for Class Members

A California federal court signed off on a $1 million settlement agreement, putting an end to a class action filed against Adobe over calls that allegedly violated the Telephone Consumer Protection Act (TCPA) and yielding...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Proskauer - California Employment Law

Class Action Claims Were Moot After Class Representative Settled His Individual Claims

Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) - Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws. After several years of litigation, the district court denied...more

Pierce Atwood LLP

Keys to Class Action Settlements: Understanding the Interests at Stake

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Fundamental to the ability to settle a class action is understanding the interests that are being represented by the parties and other stakeholders. Although any given case might present its own unique circumstances, in...more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 3: The Judge

Pierce Atwood LLP on

In previous posts, I have discussed the roles of two of the players in class settlements: defense counsel and class counsel. For the third and final installment in this series, I will discuss the role of the third and most...more

Robinson+Cole Data Privacy + Security Insider

Judge Rejects $4 Million TCPA Settlement

This week, a Pennsylvania federal judge refused to approve a proposed $4 million settlement for violations of the Telephone Consumer Protection Act (TCPA) because it would provide the 67,000 class members with only $35 each....more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 2: Class Counsel

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In Part 1 of this series, I explained the role of defense counsel in class action settlements. In this Part 2, I will explore the role of class counsel. I embark on this journey with some trepidation, because as a defense...more

Carlton Fields

Life May Not Be Fair, But Arizona Cannot Find Out Without Standing

Carlton Fields on

The Sixth Circuit recently held that Arizona lacked standing to intervene in, and object to, a nationwide class settlement at the settlement fairness hearing. The underlying case involved Tristar Products’ defective pressure...more

Mintz - Arbitration, Mediation, ADR...

Attacking An Inexplicable Arbitration Award: “Manifest Disregard of the Law” Or Something Else?

What to do with an arbitration award that appears to be fatally internally inconsistent and provides no explanation or reconciliation of the inconsistency? For lack of something better to say, perhaps tee up the elusive...more

Bennett Jones LLP

What the Law Commission of Ontario’s New Report on Class Actions Could Mean for Litigants

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On July 17, 2019, the Law Commission of Ontario released the final report of its class action investigative project, Class Actions: Objectives, Experiences and Reforms. The project is the most comprehensive research,...more

Jones Day

Italy to Overhaul Class Actions

Jones Day on

The Situation: Under the new Italian framework, class actions will no longer be limited to consumer protection matters, and collective redress may be sought through simplified proceedings. The Developments: A recently...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Tackles Third-Party Funding Issues in In Re: National Football League Players’ Concussion Injury Litigation

Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on...more

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