Tag Archives: class action settlement

The Unwelcome Guest at the Class Settlement Table: Serial Objectors

Finally, the end is in sight. After motions to dismiss, discovery, hearings, a highly contested motion for class certification and mediation, the parties have reached a class settlement. The parties are relieved to end the uncertainty and burdens of a class action, and now turn their attention to obtaining court approval. But suddenly the settlement … Continue Reading

Australian Thalidomide class action settled

More than 50 years after the morning sickness drug Thalidomide was first released to the market, the drug’s British distributor announced on Monday, December 2nd that it has agreed to settle an Australian class action in the Victorian Supreme Court over birth defects linked to the drug.  The legal team representing the class claimed that Australia … Continue Reading

Judge Slashes Attorneys’ Fees and Incentive Awards in Defective Laptop Class Action

In a consumer class action settlement involving allegedly sluggish Acer notebook computers, a Northern California federal judge sua sponte slashed the attorneys’ fees award sought by plaintiffs’ lawyers from the requested $2,542,246 to $943,217.  Wolph v. Acer Am. Corp., Case No. 3:09-cv-0-1314-JSW (N.D. Cal. Oct. 21, 2013). The named plaintiffs accused Acer of selling notebook … Continue Reading

California Rejects a Class that Includes Uninjured Class Members

A California federal court has rejected a proposed settlement to a class action over alleged material omissions in Option Adjustable Rate Mortgage Loan documentation (Order Denying Plaintiffs’ Motion for Preliminary Settlement Approval in Peel, et al. v. BrooksAmerica Mortgage Corp., et al.).  Lead plaintiffs and defendants, which included several divisions of Washington Mutual, agreed to … Continue Reading

Call Centers Increasingly Targeted in Class Action Lawsuits for Statutory Penalties Under Decades-Old California Law

Editor’s Note – This article is a joint submission to the Baker Hostetler Class Action Lawsuit Defense Blog and Data Privacy Monitor. Be sure to check out the Data Privacy Monitor for the latest news, trends, and analysis on data privacy issues.  Companies that provide call center services to consumers are increasingly being targeted in class action … Continue Reading

Courts Preliminarily Approve Settlements in Netflix and Blockbuster Video Privacy and Protection Act Class Actions

Editor’s Note – This article is a joint submission to the Baker Hostetler Class Action Lawsuit Defense Blog and Data Privacy Monitor. Be sure to check out the Data Privacy Monitor for the latest news, trends, and analysis on data privacy issues.  Two Federal District Courts recently approved settlements in two significant class actions brought … Continue Reading

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

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

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

Second Circuit Holds Separate Class Representatives With Separate Counsel Required Under Amchem and Ortiz

In a recent decision, the Second Circuit determined that in a class action settlement that capped total compensation, separate categories of claims must each have separate class representatives and separate counsel. In In re Literary Works in Electronic Databases Copyright Litigation, 654 F.3d 242 (2d Cir. 2011), the Second Circuit found representation in a class … Continue Reading
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