On a question of first impression in the Fourth Circuit, McAdams v. Robinson, 2022 WL 401806 (4th Cir. Feb. 10, 2022) concluded that absent class members[1] objecting to a magistrate judge’s jurisdiction over settlement are not “parties” under 28 U.S.C. § 636(c). So a magistrate judge does not need the consent of an absent class member to rule on settlement.
Continue Reading Fourth Circuit Upholds Class Settlement Despite Absent Class Member’s Objections to Notice, Fees, and Scope of Release
Settlement
Seventh Circuit Rejects the “Reasonable Indication” Approach For Class Member Opt-Outs
By Diane Flannery, Trent Taylor, Drew Gann, Frank Talbott V & McGuirewoods LLP on
Recently, in the Matter of Navistar MaxxForce Engines Mktg., Sales Practices, & Prod. Liab. Litig. (“Navistar”), the Seventh Circuit Court of Appeals was asked to adopt the “reasonable indication” approach, which would allow class members to opt out of a class based on any reasonable indication of their desire to exclude themselves. Finding the…
9th Circuit Saves Nationwide Settlement Classes
By Bryan A. Fratkin, Anthony Le & The Editors on
Posted in Settlement
Sometimes settlement with a putative class of nationwide consumers is the best option for resolution. However, since the initial ruling of the Ninth Circuit in In re Hyundai & Kia Fuel Econ. Litig., the mechanism to go about doing so has been in flux. On June 6, 2019, the full en banc Ninth Circuit…
The Most Important Class Action Decisions of 2018 and a Quick Look at What’s to Come
By R. Locke Beatty on
Posted in Settlement, Strategy
As the new year begins, this is a good time to recap two of the major Supreme Court decisions from the past year impacting class action law, and to look ahead to a couple big decisions on the horizon.
Looking Back
Arbitration and Class Actions
First, in Epic Systems Corporation v. Lewis, the Court…
Amendments to Rule 23 Are Now Live
By Matthew D. Fender on
Posted in Settlement
A number of changes to Fed. R. Civ. P. 23 took effect on December 1, 2018. They’ve been in the works for some time, so no surprises, but now is a good time to summarize them. The changes deal primarily with class settlements and objections:
Rule 23(c)
Rule 23(c)(2)(B), which deals with class notice, has…
More on In re Hyundai & Kia
By The Editors on
Posted in Settlement
Just a brief update on the 9th Circuit’s most controversial class-action case of the year. As expected, the proponents of the settlement that was rejected have appealed the case to the Ninth Circuit en banc.
What is slightly less expected is the alliance of interests that have filed amicus briefs. As Law360 reports,…
Has the Ninth Circuit Overhauled Nationwide Settlement Classes?
By The Editors on
Posted in Settlement
Earlier this week, in In re Hyundai & Kia Fuel Efficiency Litig., the Ninth Circuit vacated a nationwide class action settlement, ruling that the lower court had abused its discretion by not considering whether the variations in the consumer-protection laws of the fifty states might predominate over common issues in the case. The ruling…
Eighth Circuit Undoes Target Data Breach Settlement Class
By The Editors on
Posted in Settlement
Today, we at Class Action Countermeasures are proud to post an analysis of the recent Target litigation appellate opinion by members of our class action and data privacy groups: Laura A. Lange, Shawna J. English, and Bethany Lukitsch.
The $10 million settlement class in the Target data breach case was unraveled by…
Five Takeaways from the Duke Conference on Class Action Settlements
By The Editors on
Posted in Lawyers, Settlement
A few weeks ago, the Duke Law Center for Judicial Studies held a conference on class action settlements in San Diego, to discuss best practices in the wake of the likely Rule 23 amendments. Like all of its conferences, this one was held under the Chatham House Rule, which dictate that you can…
Objectors: The Defense Lawyer’s Friend
By The Editors on
Posted in Settlement
I’ve been busy this week with a number of things, but a few of them, including the upcoming amendments to Rule 23 and prepping for a Strafford webinar on Thursday, have me thinking about the proper role of objectors again.
I think I’ve mentioned before that a number of class action lawyers (especially on…