Court of Appeal Affirms Multi-Million Dollar Settlement Despite Vigorous Objections


UPDATE: On July 28, 2010, the Court of Appeal, First District, modified and published the opinion in Cellphone Fee Termination Cases . The court retained its holdings regarding the adequacy of the class notice and the appropriate "incentive" payments to the class representatives. However, the court did not publish the portion of its opinion that analyzed the "fairness" of the class settlement, including the court's recognition that the pending cross-complaint filed by Verizon against the class that could have reduced the class's overall damage award. The rest of the opinion remains the same and can now be relied upon as authority supporting similar class-notice and incentive payment settlement plans.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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