On January 21, 2014, objectors to a class action settlement over contamination from Monsanto Agent Orange herbicide filed a Petition for Writ of Certiorari with the Unites States Supreme Court. The Petition asked the Court to entertain the objectors’ request to reverse the West Virginia Supreme Court’s November 22, 2013 decision, which affirmed the trial … Continue Reading
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
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