A new case, Hernandez v. Chipotle Mexican Grill, Inc., No. CV 12-5543 DSF JCX, 2013 WL 6332002 (C.D. Cal. Dec. 2, 2013), highlights challenges plaintiffs face in certifying classes where membership in the class is difficult or impossible to ascertain based on the defendant’s records. In Hernandez, the plaintiff sought to certify a class of … Continue Reading
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