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
Class action settlements in consumer fraud cases have generated significant controversy. Critics opine that these settlements primarily benefit lawyers, and that class members have often suffered little or no injury to begin...more
The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members...more
Class action settlements in consumer fraud cases have generated significant controversy in recent years. Critics opine that these settlements primarily benefit lawyers, and that class members have often suffered little or no...more
The Situation: Under the Class Action Fairness Act, the Department of Justice may object to federal class action settlements it believes are unfair or inequitable to unnamed class members.
The Result: In the past year,...more
The Situation: Recently amended Federal Rule of Civil Procedure 23(e)(2) requires courts to analyze several factors in evaluating whether to approve class settlements.
The Result: Class action settlements that would...more
The Court's decision reinforces the inflexibility of the Federal Rules' deadline to file petitions for permission to appeal and cautions against reliance on equitable principles, even where diligence and good cause may exist....more
3/7/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Decertification ,
Equitable Tolling ,
Federal Rules of Appellate Procedure ,
Filing Deadlines ,
FRCP 23(f) ,
Interlocutory Appeals ,
Motion for Reconsideration ,
Nutraceutical Corp v Lambert ,
SCOTUS
In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more
6/27/2017
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Final Judgment ,
FRCP 23 ,
Interlocutory Appeals ,
Microsoft v Baker ,
Reversal ,
SCOTUS ,
Voluntary Dismissals