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 application of such an approach to be impractical, the court refused to adopt it.

Navistar involved the settlement of a class action in which class members accused Navistar of selling trucks with defective engines.  Prior to approving the settlement, the district court required that all … Continue Reading