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Considerable Deference With a Caveat: Third Circuit Addresses Fee Awards

The Third Circuit Court of Appeals recently issued a decision regarding the fee award in the National Football League concussion injury litigation. The decision is non-precedential but still instructive. ...more

Chaos In Gaos: Supreme Court Avoids Cy Pres Ruling and Remands Google Settlement for Standing Analysis

On March 20, 2019, the U.S. Supreme Court issued a per curiam opinion vacating the decision of the Ninth Circuit in Frank v. Gaos. ...more

Volkswagen Passes Fairness Test For Class Settlement In Dispute Over “Defeat Devices” To Bypass Emission Tests

Last month the Ninth Circuit affirmed a district court decision approving a class settlement regarding Volkwagen’s marketing of clean diesel vehicles that used so-called “defeat devices” to circumvent emissions tests. ...more

Class Representatives Do Not Hold Veto Power Over Class Settlement

In In re FedEx Ground Package Sys., Inc. Employment Practices Litig., No. 3:05-CV-595 RLM, 2017 WL 632119 (N.D. Ind. Feb. 14, 2017), only one of a total of seven class representatives signed off on accepting a proposed class...more

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

California Court Applies Strict Scrutiny to Reject Uber Class Settlement

A Northern District of California judge refused to preliminarily approve a class settlement of Uber customers who used its “Rideshare Services” in which Uber would have paid class members $28.5 million. The court was...more

Lawyers Sanctioned for Seeking to Settle Federal Court Class Action in State Court

Lawyers seeking to settle class actions pending in federal court by dismissing and refiling in state court beware! In two recent orders, a federal judge in the Western District of Arkansas ruled that the attorneys...more

Southern District of California Rejects Coupon Class Settlement

The Southern District of California rejected a pre-certification class settlement because it provided for an inadequate coupon payment and a tenuous cy pres award, and included a clear sailing attorney fee provision....more

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