Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded that the district court abused its discretion because it failed to “conduct a rigorous analysis to determine … Continue Reading
For years, certain lenders have agreed to fund all or part of a party’s litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice called “third-party litigation funding.” This has spawned widespread debate over the propriety of such funding and the degree of transparency parties and courts … Continue Reading
Co-authored by Rodger Eckelberry Defendants settle class actions to buy peace and put litigation behind them. Plaintiffs settle class actions to guarantee at least some recovery, and to avoid prolonged litigation. A settlement benefits no one, though, if the settlement is not approved by the court or if approval is reversed on appeal. The Ninth … Continue Reading
