Archives: Settlements

Eleventh Circuit Upholds Class Settlement Over Objection of “Professional Objector”

By Joseph Ezzie on August 7, 2012 Posted in Settlements

Co-authored by: Rodger Eckelberry Plaintiffs’ counsel and defense counsel have spent untold hours working on a class action settlement. The parties have met numerous times with a court-appointed mediator, and have finally come to an agreed upon resolution of the case. The settlement is submitted to the court for preliminary approval, which is granted. Then, … Continue Reading

The Use of the Cy Pres Doctrine in Class Settlements

By Melonia A. Bennett on July 24, 2012 Posted in Settlements

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

How to Design Your Notice to Minimize Professional Objectors

By Guest Blogger on July 19, 2012 Posted in Practice Pointers, Settlements

By: Steven Weisbrot, Director of Class Action Services at Kurtzman Carson Consultants (“KCC”) and Carla Peak, Director of Legal Notification Services at KCC. The views expressed are their own. Whether you love them or hate them, class action objectors exist and more than a few of them are professionals, just waiting to pick apart your settlement for … Continue Reading

The Importance of a Carefully Worded Class Action Settlement Release

By Casie Collignon on June 4, 2012 Posted in Settlements

Obtaining a release of liability from every class member that has not opted out of a class settlement is the defendant’s ultimate goal in settling a class action. However, it is easy for the release to be an afterthought in negotiating a settlement. This is, at worst, a mistake, and at best, a lost opportunity … Continue Reading

First Circuit Lays Down Ground Rules for Cy Pres Awards

By Paul Karlsgodt on May 2, 2012 Posted in Settlements

What to do with unclaimed settlement funds is a common problem facing class action litigants. There are at least four methods of distributing unclaimed settlement funds: (1) reversion of unclaimed funds back to the defendant; (2) payment to those claimants who did make claims on a pro rata basis; (3) letting the funds escheat to the … Continue Reading

The Importance of a Defendant’s Active Participation in Class Action Settlement Administration

By Casie Collignon on April 22, 2012 Posted in Practice Pointers, Settlements

A class action settlement has been reached. The agreement is inked. You have preliminary approval. A class action settlement administrator has been hired. In many respects, the hard part is over, but that does not mean that either the defendant or defense counsel can become complacent. There are still a variety of steps that must … Continue Reading

Northern District of California Decision Highlights Impact of Prior Settlements on Subsequent Related Class Actions

By Benjamin D. Pergament on March 29, 2012 Posted in Civil Procedure, Issue and Claim Preclusion, Settlements

The United States District Court for the Northern District of California recently issued an order demonstrating the effects that a release in a settlement in one class action may have on claims in subsequent class actions. In McNeary-Calloway v. JP Morgan Chase Bank, N.A., Case No. C-11-03058 JCS, United States Magistrate Judge Joseph C. Spero … Continue Reading