News & Analysis as of

Settlement Abuse of Discretion

Winstead PC

Fifth Circuit Overturns Receiver’s Settlement Barring Third-Party Claims Against Stanford Financial Insurers

Winstead PC on

The Fifth Circuit overturned a U.S. District Court’s approval of a settlement between Ralph Janvey, the Receiver for Stanford International Bank, and various insurance company Underwriters, under which the Underwriters had...more

Knobbe Martens

Gust, Inc. v. Alphacap Ventures LLC

Knobbe Martens on

Federal Circuit Summary - Before Wallach, Linn and Hughes. Appeal from the United States District Court for the Southern District of New York. Summary: In determining whether to award sanctions under 28 U.S.C. § 1927,...more

Womble Bond Dickinson

What Might Have Been: Sears Misses out on Millions in TCPA Settlement Funds For Cruise Line Robocalls Due to Untimely Subpoena

Womble Bond Dickinson on

Along with many other retailers, Sears Holding Corporation (“Sears”) has fallen on some hard times recently. In an apparent effort to boost its bottom line, Sears recently submitted a revised claim in an effort to collect up...more

Womble Bond Dickinson

The Rich get Richer: Seventh Circuit Court of Appeal Affirms Enormous $14-19MM Attorneys Fee Award in TCPA Class Settlement

Womble Bond Dickinson on

When Jay Edelson appeared on the Ramble podcast a couple weeks back we discussed the big settlement his firm had reached in Birchmeier v. Caribbean Cruise Lines–which may end up being the largest TCPA settlement in history....more

Fox Rothschild LLP

Fifth Circuit Reviews Approval Of Adversary Proceeding Settlement For Abuse Of Discretion

Fox Rothschild LLP on

In In re Beach v. Beach, the Fifth Circuit elaborated on its standard of review for adversary litigation settlements. No. 17-10481 (5th Cir. May 16, 2018). In this case, Debtor, a Dallas oil-and-gas businessman, formed a...more

Carlton Fields

Fifth Circuit Vacates Settlement Approval in ERISA Class Action, Remanding With Instructions to Reexamine the Legitimacy of...

Carlton Fields on

The Fifth Circuit recently vacated a class action settlement that included unsecured and uncollateralized future payments to the plaintiffs, while providing a swift and complete payout of fees to class counsel. The case...more

Proskauer - Minding Your Business

When Settlement and Secrecy Do Not Mix

Non-disclosure and confidentiality provisions can be an important aspect of resolving a case through settlement. But when one of the parties is a purported class, and the allegation is an antitrust violation, settlement and...more

BakerHostetler

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

BakerHostetler on

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

Wilson Sonsini Goodrich & Rosati

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

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