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Settlement › Coupons

Kilpatrick

When is a coupon not a coupon under section 1712(e) of CAFA?

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Takeaway: The law surrounding “coupon” settlements under 28 U.S.C. § 1712 of the Class Action Fairness Act (“CAFA”) continues to evolve. Under section 1712(e), courts must: (1) apply “heightened scrutiny” when approving...more

Holland & Knight LLP

Ninth Circuit Affirms That Class Action Settlement Was Not a "Coupon Settlement"

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The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Raises Fee Award Hurdle in Coupon Class Action Settlements

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Ninth Circuit decision prohibits use of lodestar-only methodology to calculate a fee award for class action settlements involving coupons. The decision contemplates coupon class action settlements where coupons are...more

Kelley Drye & Warren LLP

The Justice Department Really Doesn’t Like Coupon Settlements (But They Still Can Work)

Kelley Drye & Warren LLP on

It’s no secret that the Justice Department and state Attorneys General don’t like coupon settlements in class actions. Since 2007, groups of state AGs have been objecting regularly to coupon settlements that would force...more

Sheppard Mullin Richter & Hampton LLP

Are credits coupons? The Ninth Circuit Says Yes in Calculating Total Value of Class Action Settlements

Sheppard Mullin Richter & Hampton LLP on

Companies may be inclined to offer “coupons” or similar benefits to settle consumer class actions. While offering coupons is permissible, in In re Easysaver Rewards Litigation, No. 16-56307, 2018 U.S. App. LEXIS 28000 (9th...more

Saul Ewing Arnstein & Lehr LLP

Kmart Settlement Shows Breadth of Healthcare Practices Government Says Violate False Claims Act

Saul Ewing Arnstein & Lehr LLP on

A recent settlement by retailer Kmart Corp. illustrates the breadth of practices in the healthcare space that the government considers to be illegal kickbacks that violate the False Claims Act (FCA). The U.S. Department of...more

Seyfarth Shaw LLP

Seventh Circuit Provides Guidance On Fairness Of Class Action Settlement Agreements And Fee Awards

Seyfarth Shaw LLP on

In In Re Southwest Airlines Voucher Litigation, Case No. 13-3264 (7th Cir. Aug. 20, 2015), the U.S. Court of Appeals for the Seventh Circuit upheld a fee award to class counsel in a class action that resulted in a “coupon...more

Carlton Fields

In re: HP Inkjet Printer Litigation: Ninth Circuit Reverses And Remands Hewlett-Packard Coupon Settlement

Carlton Fields on

In In re: HP Inkjet Printer Litigation, Case No. C05-3580-JF, 2013 WL 1986396 (9th Cir. May 15, 2013), the Ninth Circuit recently held that attorney fee awards in class settlements involving coupons must be “attributable to”...more

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