A recent Florida appellate court decision caught my eye because it addressed a potentially-important issue that is not expressly addressed by Fed. R. Civ. P. 23, and has rarely been litigated: whether persons who have opted out of a class action settlement may pursue another class action on the same claims. The court held that
Class Action Settlements
Injunction in Aid of Class Action Settlement Addressed by Seventh Circuit
By Wystan Ackerman on
Posted in Class Action Settlements
Defendants who are defending multiple class actions involving the same issue in different jurisdictions can sometimes be faced with a quandary when they want to settle. They might reach a settlement agreement with plaintiffs’ counsel in one of the cases, but until that settlement is final, which typically takes months, they may have to continue…
Cy Pres Distributions in Class Action Settlements Addressed By Eighth Circuit
By Wystan Ackerman on
Posted in Class Action Settlements
Over the last several years, federal courts of appeals have been closely scrutinizing cy pres distributions to charitable organizations in class action settlements. This includes opinions by the First Circuit, Third Circuit and Ninth Circuit. The general thrust of these decisions is that cy pres should be used sparingly, and the charitable organization …
State Enforcement Actions Following Class Settlements Addressed By Ninth Circuit
By Wystan Ackerman on
A recent Ninth Circuit decision caught my eye. It addressed whether a state enforcement action can be barred by a class action settlement on the same issue, finding that it was barred in part, to the extent the suit sought restitution that was the same relief at issue in the class action.
In People v. …
Class Action Settlement: Judge Posner Strikes Again At Excessive Plaintiffs’ Attorneys’ Fees
By Wystan Ackerman on
Posted in Class Action Settlements
Judge Posner of the Seventh Circuit continues to be prolific in authoring class action-related opinions. I enjoy blogging about these decisions because they are entertaining to read and usually relatively short and to the point, making them easy to get through and summarize here. This opinion, once again, concluded that an award of attorneys’ fees …
Attorneys’ Fees In Class Action Settlements Addressed By Judge Posner
By Wystan Ackerman on
Posted in Class Action Settlements
Judge Posner of the Seventh Circuit is a frequent author of class action-related opinions. His most recent one reversed an order approving a class action settlement because the attorneys’ fee award was too high. The case involved claims that RadioShack violated the Fair and Accurate Credit Transactions Act by putting expiration dates for credit card …
Class Action Settlement in Pella Windows Case Overturned By Seventh Circuit
By Wystan Ackerman on
Posted in Class Action Settlements
One of the prominent cases in which a products liability class action has been certified in recent years is Pella Corp. v. Saltzman, 606 F.3d 391 (7th Cir. 2010), involving windows that allegedly contained a design defect that allowed water infiltration. After the class was certified, a settlement was reached and approved by the …
Innovative Class Action Settlement Overturned By Sixth Circuit
By Wystan Ackerman on
Posted in Class Action Settlements
Some loyal readers of my blog may recall my June 8, 2011 blog post about the district court’s approval of the class action settlement in In re Dry Max Pampers Litigation. This case alleged that Pampers “Dry Max” diapers purportedly caused excessive diaper rash. Both the U.S. Consumer Products Safety Commission and Health Canada…
Attorneys’ Fees For Coupon Settlements Under CAFA Addressed By Ninth Circuit
By Wystan Ackerman on
Under the coupon settlement provision of the Class Action Fairness Act (CAFA), do attorneys’ fees always have to be based on the value of the coupons redeemed, or can they be based on a lodestar calculation? The Ninth Circuit recently addressed this question and held, in a 2-1 decision, that any award of fees “attributable…
Incentive Awards For Class Representatives Addressed By The Ninth Circuit
By Wystan Ackerman on
Posted in Class Action Settlements
Last week the Ninth Circuit issued a decision reversing the district court’s approval of a class action settlement, based on a provision in the agreement that, as interpreted by the court, required the class representatives to support the proposed settlement in order to qualify for receiving an incentive award. The court concluded that this presented…