Substantial time and expense can be incurred in settling a class action lawsuit and shepherding a settlement through the approval process. Accordingly, special attention should be paid to ensure that it can withstand class member objections, which will inevitably be brought.
The facts and holding in Kullar v. Foot Locker Retail, Inc., 168 Cal. App. 4th 116 (2008) provide guidance. (The California Supreme Court recently denied a request to depublish this case and, therefore, is citable as law going forward.)
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