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Settlement Negotiations Appeals

BakerHostetler

It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the...

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In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more

Pierce Atwood LLP

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

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At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to...more

McGuireWoods LLP

First Circuit Deepens Circuit Split On Fairness Of Class Settlements

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On December 16, 2022, the U.S. Court of Appeals for the First Circuit made two important findings in a class-action settlement case. First, the Court vacated the district court’s settlement approval finding that the...more

ArentFox Schiff

Court of Appeal Publishes Peer Review Decision Expanding Anti-SLAPP Protections for Medical Staffs and Hospitals

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In response to multiple requests from California hospital industry members, the California Court of Appeal ordered publication of its decision in Bonni v. St. Joseph Health System et al. This important decision is a victory...more

Smith Anderson

Helpful But Prejudicial Trial Evidence May Come at a Cost

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Be careful what you ask for. If that juicy prejudicial evidence seems just too good to pass up, you should consider the Fourth Circuit’s recent decision in 'Macsherry v. Sparrows Point.' Trials are expensive and...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Seyfarth Shaw LLP

Seventh Circuit Orders Disgorgement of Settlement Proceeds Paid to Bad-Faith Objectors to Class Action Settlements, Ending...

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When a class action settlement is proposed for approval, the class members have three options, (1) they can remain in the settlement class, (2) opt-out of the settlement to preserve their individual claims, or (3) they can...more

Pierce Atwood LLP

The Seventh Circuit Clears a Roadblock to Settlement

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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

Akin Gump Strauss Hauer & Feld LLP

It Settled—Now What? Ninth Circuit Limits Settling Plaintiffs’ Ability to Appeal Orders Denying Class Certification

- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more

Skadden, Arps, Slate, Meagher & Flom LLP

2020 Class Action Outlook

Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more

Latham & Watkins LLP

English Court of Appeal Rules on Privilege and Settlement Agreements

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The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more

Ballard Spahr LLP

CFPB files amicus brief in Maryland Court of Appeals seeking rejection of class action settlement

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The CFPB has filed an amicus brief in the Maryland Court of Appeals urging the court to affirm the decision of the Court of Special Appeals reversing the trial court’s approval of a settlement agreement in a class action...more

Seyfarth Shaw LLP

Sixth Circuit Allows Appeal Of Novel Class Action Ordered In Nationwide Opiate Litigation

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Seyfarth Synopsis: In the latest development in the ultra-high stakes nationwide Prescription Opiate Litigation, the U.S. Court of Appeals for the Sixth Circuit recently granted the petition of six Ohio cities to appeal the ...more

Epiq

Opioid Class Action Litigation May Drastically Change With A Global Resolution

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Opioid litigation is a hot topic in the U.S. legal community. In response to the country’s opioid crisis, several states, individuals, and other local governments have filed lawsuits against various prescription opioid...more

Carlton Fields

Life May Not Be Fair, But Arizona Cannot Find Out Without Standing

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The Sixth Circuit recently held that Arizona lacked standing to intervene in, and object to, a nationwide class settlement at the settlement fairness hearing. The underlying case involved Tristar Products’ defective pressure...more

Bradley Arant Boult Cummings LLP

Insurers Beware: One Insurer’s Settlement Can Support a Bad Faith Failure-to-Settle Claim Against a Nonsettling Insurer

An insurer defending a claim against an insured that could exceed policy limits has a good faith obligation to settle the claim if possible. Failure to do so puts a nonsettling insurer at grave risk. An Eleventh Circuit...more

McDermott Will & Emery

Satellite Science? No, Just a Damage Award Supported by Substantial Evidence

The US Court of Appeals for the Federal Circuit concluded that the district court did not abuse its discretion in denying defendants’ motion for a new trial on damages, finding that the jury verdict on damages was based on...more

Cozen O'Connor

Massachusetts: Third-Party Claim Handler Made Reasonable, Prompt Efforts to Settle Nursing Home Liability Claim, and Therefore Was...

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On March 18, 2019, the First Circuit Court of Appeals affirmed a decision holding that Sedgwick Claims Management Services made reasonable and prompt efforts to settle a nursing home liability claim, and therefore was not...more

Farrell Fritz, P.C.

A Pig in a Poke: The Rollercoaster Kadosh Settlement Litigation

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Years ago, we wrote about the perils of “impromptu” settlements in business divorce cases – settlements eked out at the courthouse, on the fly, under pressure, during conferences, hearings, or trials. The resulting agreements...more

Carlton Fields

Court Invalidates Modified Arbitration Award Because it Exceeded Panel’s Authority Under the Functus Officio Doctrine

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An insured and its insurer were fighting over whether the insured’s settlement payment in separate litigation was a covered loss and whether there was a duty to defend in the separate litigation. ...more

Cozen O'Connor

Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand

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In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth Circuit upheld a jury award assessing $14 million in bad faith damages, even though it was unclear whether the insurer could have...more

Moore & Van Allen PLLC

Defendant Companies Now Have the Right to Appeal North Carolina Class Certification Decisions Directly to NC Supreme Court

The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives company defendants the right to appeal trial court decisions allowing class certification directly to the North Carolina Supreme...more

Benesch

In a Scorching Opinion, Sixth Circuit Refuses to Undo Class Action Settlement

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Sometimes, appellate decisions are written in a purely clinical voice. Other times, they’re infused with a dash of hot sauce....more

Foley & Lardner LLP

Wisconsin Court of Appeals Enforces Parties’ Stipulation to Remedies and Waiver of Judicial Review in Administrative Proceeding

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While many of us spent this past Halloween gorging on a variety of candies and sweets, Wisconsin’s court of appeals was busy rendering an opinion that likely left Travis Technology High School (“Travis Tech”) with a decidedly...more

Burr & Forman

The End of an Era: IRS Ends In-Person Settlement Conferences

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Taxpayers often have disputes with the IRS, whether through an income tax audit or as a result of actions by IRS officials to collect federal taxes. To resolve these disputes administratively within the IRS, the IRS many...more

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