News & Analysis as of

Settlement Choice-of-Law

White and Williams LLP

The Delaware Supreme Court’s Murdock Coverage Ruling is a Challenge for D&O Insurers

On March 3, 2021, the Delaware Supreme Court issued a unanimous decision in RSUI Indemnity Company v. David H. Murdock & Dole Food Company that affirmed all of the trial court’s pro-insured coverage rulings relating to choice...more

Troutman Pepper

Ninth Circuit Affirms Important Distinction Between Settlement and Litigation Classes

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An en banc Ninth Circuit recently reinstated a nationwide class settlement that resolved consumer claims related to several of Hyundai’s and Kia’s advertised fuel economy standards. Joining several other circuits, the court...more

Akin Gump Strauss Hauer & Feld LLP

En Banc 9th Circuit Holds Class Action Certification Is Different For Settlement Classes

• En banc 9th Circuit affirmed a $210 million settlement in multidistrict litigation against Hyundai and Kia relating to their alleged misrepresentations about the fuel efficiency of their vehicles, reversing the decision of...more

Foley & Lardner LLP

En Banc Ninth Circuit Clarifies That Settlement Classes Are Not Held to Same Standard as Litigated Classes

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Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result. Yesterday, the...more

Epiq

Ninth Circuit’s “Choice of Law Analysis"

Epiq on

Since almost all certified class actions settle, a Circuit Court of Appeals decision affecting the viability of such settlements is certain to receive a lot of attention from class action practitioners. This is particularly...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Rejects Disclosure-Only Settlement

On February 8, 2018, Justice Shirley Werner Kornreich of the Commercial Division rejected a disclosure-only class action settlement in City Trading Fund v. Nye, 2018 BL 44689 (Sup. Ct. Feb. 08, 2018)....more

Kilpatrick

Certifying a Settlement Class: What’s Good for the Goose Has to be Good for the Gander

Kilpatrick on

Late last month, in In re Hyundai & Kia Fuel Economy Litigation, 881 F.3d 679 (9th Cir. 2018) (Hyundai), a divided Ninth Circuit panel reversed the district court’s approval of a proposed nationwide class settlement valued at...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Slams the Brakes on Nationwide Class Action Settlement; Choice of Law and Reliance Are Bumps in the Road

In In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 2018 WL 505343 (9th Cir. Jan. 23, 2018), the Ninth Circuit vacated a nationwide class action settlement, concluding that the district court’s failure to conduct a...more

Robinson+Cole ERISA Claim Defense Blog

Second Circuit Clarifies New York Anti-Subrogation Law Prohibits Offsets For Settlements; Declares Plan’s Choice-of-Law Provisions...

The U.S. Court of Appeals for the Second Circuit has ruled that New York’s anti-subrogation statute, N.Y. Gen. Oblig. Law § 5-335(a), applies both to “offsets” for prospective benefit payments and to reimbursements for prior...more

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