This is the fourth in a multi-part post summarizing last week’s 5th Annual Conference on the Globalization of Class Actions and Mass Litigation. Click these links to see the summaries for Session 1, Session 2, and Session 3. Giving Away Money: Calculating Damages & Allocating Damages Professor Francis McGovern, Duke University Law School chaired this [...]
Archive for the ‘Class Action Settlements’ Category
Notes from the 5th Annual Conference on the Globalization of Class Actions and Mass Litigation, Session 4 – Giving Away Money
Posted in Class Action Settlements, CLE Programs, International Class Action Law, tagged 9/11, agent orange, altena, bp, compensation program, des, feinberg, gulf coast, indian residential schools, iran, iraq, irs, kalajdzic, kuwait, mass claims, mass tort, mcgovern, reparation, rough justice, september 11, settlement fund, united nations, wuhler on December 30, 2011 | 3 Comments »
Second Circuit Court of Appeals Summons Amchem and Ortiz in Rejecting Class Action Settlement
Posted in Class Action Decisions, Class Action Settlements, Federal Court Decisions, tagged adequacy, amchem, class action objectors, class action settlement, class certification, fairness hearing, final approval, ortiz, second circuit on August 24, 2011 | Leave a Comment »
As I have noted in a series of posts recently, class action settlement objectors should not be taken lightly. (See this August 1, 2011 post and others cited within). Last week, the Second Circuit Court of Appeals offered an excellent case in point in its decision in In re Literary Works in Electronic Databases Copyright Litigation, No. [...]
DirectBuy Settlement Rejected
Posted in Class Action Decisions, Class Action Fairness Act, Class Action Settlements, Federal Court Decisions, tagged ags, attorney general, attorneys general, CAFA, class action objectors, class action settlement, class action settlement approval, coupon settlement, directbuy, district of connecticut, fairness hearing, janet c. hall, procedural fairness, substantive fairness on May 16, 2011 | 3 Comments »
United States District Court Judge Janet C. Hall issued an order today rejecting the proposed settlement in Wilson v. DirectBuy, Inc., No. 3:09-CV-590 (JCH) (D. Conn. May 16, 2011) (Here is a link to the slip opinion). The controversial settlement had been opposed by 39 attorneys general, a nonprofit consumer rights organization, and had been singled [...]
Public Interest Objectors in Class Action Settlements
Posted in Articles, Class Action Settlements, Practice Tips, tagged appropriate government official, class action notice, class action settlement, coupon settlement, cy pres, nonprofit objector, organized objector, professional objector, public interest objector, reversion on April 21, 2011 | 1 Comment »
Recently, I have commented on two types of objectors in class action settlements. This March 31 entry discusses the problem of so-called “professional” objectors. And this April 12 entry addresses objections raised by government officials. There is at least one other type of organized objectors to class action settlements: public interest organizations. (I use the term “organized objectors” to distinguish these types [...]
Cornerstone Research Issues Annual Report on Securities Class Action Settlements
Posted in Class Action Settlements, Class Action Trends, Reports and Surveys, Securities Class Actions, tagged "plaintiff-style" damages, accounting principles, class action settlement, cornerstone research, institutional investor, pslra, reform act, securities class action, securities class action settlement on March 16, 2011 | Leave a Comment »
Yesterday, Cornerstone Research published its annual report titled Securities Class Action Settlements–2010 Review and Analysis. Among the findings in this year’s report: The number of approved securities class action settlements was at a 10-year low The total dollar value of settlements decreased 17% from 2009 to 2010, The median settlement amount was up 40%, but the average [...]
The Seventh Circuit is Serious, All Writs Act Allows District Court to Enforce Collateral Estoppel Effect of its Class Certification Denial – Or – Don’t $%#& with Posner
Posted in class action reform, Class Action Settlements, Class Action Trends, tagged all writs act, blackmail settlement, class action abuse, class action reform, Class Action Settlements, collateral estoppel, posner, sears, sears class action, sears dryer, stainless, thorogood on December 2, 2010 | Leave a Comment »
In a case rife with lessons, a lawyer learned another valuable one today: If you’re going to dish out the vitriol in your briefing with certain judges, be ready to be put in your place. The case of Thorogood v. Sears Roebuck & Co. is already famous for the suggestion made by plaintiffs’ counsel in oral [...]
Long Live the Reversionary, “Claims-Made” Settlement
Posted in Class Action Settlements, Commentary, tagged claims made settlement, class action reform, class action settlement, cy pres, reversion, reversionary settlement on February 23, 2010 | Leave a Comment »
The other day, a colleague tipped me off to a December 2009 blog posting by Oakland, California employment and civil rights attorney Bryan Schwartz entitled Death to the Reversionary, “Claims-Made” Settlement, a thoughtful, well-written article with which I completely disagree and to which I felt compelled to respond. Schwartz is critical of what he alternatively calls [...]
Yet More on Cy Pres
Posted in Articles, class action reform, Class Action Settlements, tagged class action settlement, cy pres, reversion on December 17, 2009 | 1 Comment »
Cy pres awards continue to be a hot topic both in the news and in academia. The latest contribution comes from Columbia law student Sam Yospe, whose article entitled Cy Pres Distributions in Class Action Settlements (Columbia Business Law Review, forthcoming) examines judicial discretion in choosing cy pres awards and makes practical suggestions for reform. Yospe’s article [...]
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Warding Off “Professional” Objectors to Class Action Settlements
Posted in class action reform, Class Action Settlements, Commentary, Practice Tips, tagged class action, class action reform, class action settlement, collusion, objection, predatory, professional objector, settlement notice on March 31, 2011 | 3 Comments »
Legal commentator and unabashed crusader for class action reform, Lawrence W. Schonbrun, has a new article on The Huffington Post discussing so-called “professional” objectors in class action lawsuits. Schonbrun criticizes what he believes is hypocrisy in plaintiffs’ class action lawyers attempting to vilify those who seek to object to class action settlements for profit because, in his view, many class [...]
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