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Class Action › Settlement Agreements › Settlement Negotiations

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.
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

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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

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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

Robinson+Cole Class Actions Insider

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

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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

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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

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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

Venable LLP

Another Florida Telephone Solicitation Act First - A Class Settlement Is on Its Way

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Everyone remember that Alvarez v. Sunshine Life & Health Advisors LLC putative Florida Telephone Solicitation Act (FTSA) litigation we’ve covered? You know, the one where the plaintiff’s counsel argued that the FTSA extends...more

Holland & Knight LLP

COVID-Related SEC Enforcement Actions Not a Thing of the Past

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The sun is shining, children are out of school, families are headed off on summer vacations, and the SEC is … bringing enforcement actions against companies for 2020 fraud related to COVID-19 products. One such action was...more

Lowenstein Sandler LLP

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

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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

Manatt, Phelps & Phillips, LLP

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

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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

Pierce Atwood LLP

What’s So Different About Class Action Mediation?

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The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...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

Akin Gump Strauss Hauer & Feld LLP

It Settled—Now What? Ninth Circuit Limits Settling Plaintiffs’ Ability to Appeal Orders Denying Class Certification

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- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake 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

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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

Lewitt Hackman

Sexual Harassment and Discrimination Do NOT Pay Off – Just Ask the DFEH

Lewitt Hackman on

We previously wrote about Riot Games’ $10,000,000 settlement of a class action lawsuit for alleged discrimination, retaliation and harassment....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

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Management Update - January 2020

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In this issue, we summarize regulatory, litigation and industry developments from October 2019 to early January 2020 impacting the investment management sector, including SEC action on use of derivatives by registered...more

Ballard Spahr LLP

CFPB files amicus brief in Maryland Court of Appeals seeking rejection of class action settlement

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The CFPB has filed an amicus brief in the Maryland Court of Appeals urging the court to affirm the decision of the Court of Special Appeals reversing the trial court’s approval of a settlement agreement in a class action...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

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 1: Defense Counsel

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Class action settlements are different from other settlements for several reasons. The most obvious difference is that class action settlements are subject to a unique notice and court approval process. The overriding purpose...more

Pierce Atwood LLP

Class Action Settlements and the Importance of Clarity

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Most class actions resemble three-act plays. In the first act, the players are adversaries – fighting to kill the case or keep it alive, and if kept alive, to keep it limited to a solitary dispute or allow it to burgeon into...more

Ballard Spahr LLP

Parties seek preliminary approval of class action settlement in Madden case

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The parties in Madden v. Midland Funding, LLC. have filed a joint motion with the New York federal district court seeking preliminary approval of a class settlement....more

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