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
Takeaway: When evaluating the fairness of a proposed class settlement, Federal Rule 23(e)(2) requires a district court to take into account, among other considerations, the terms of any proposed award of attorneys’ fees and...more
In re AMC Entertainment Hldgs., Inc. S’holder Litig., 2023-0215-MTZ (Del. Ch. May 20, 2023) - Under Delaware law, class members are entitled to access to the discovery record to assess the terms of a proposed class action...more
Takeaway: We have written about Eleventh Circuit decisions on Article III standing and its relationship to the proper approval of a class action settlement. See Eleventh Circuit holds that every class member must have...more
Pierce Atwood's Class Action Defense group is pleased to present this New England and First Circuit Class Action Tracker, which focuses on the filings and decisions in state and federal courts within the boundaries of the...more
In early 2023, the District of Maine was the first district court to apply and interpret a recent and notable First Circuit ruling that should be top-of-mind for class action attorneys and litigants seeking approval of...more
Carlton Fields is pleased to share its 12th annual Class Action Survey, which provides an overview of important issues and practices related to class action matters and management. This annual publication reports on...more
When you finally reach an agreement to settle a hotly contested class action, you want more than anything for the court to approve your settlement agreement and for the case to be over. But, to get to the end of the case,...more
When negotiating a class action settlement, lawyers on both sides may need to consider whether subgroups within the class need to be separately represented by different counsel. The First Circuit recently reached that...more
On November 30, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s finding that a settlement was not a coupon settlement when applying the three factors outlined in In re Online DVD-Rental...more
Recently, the Ninth Circuit joined its sister circuit, the Eleventh, in vacating class settlements on standing grounds. In Harvey v. Morgan Stanley Smith Barney LLC, the court vacated the district court’s approval of the...more
As I have discussed in earlier posts, there are multiple stakeholders to class action settlements, including named plaintiffs, absent class members, class counsel, defendants, and the courts. Conflicts can arise within some...more
In 2011, a former Eastern Illinois University football player named Adrian Arrington filed a putative class-action lawsuit against the NCAA for its handling of student-athlete concussions and concussion-related risks....more