Class Action Settlement Considerations: Ten Tips for a Successful Settlement (The Case Law)
FDDC InsightsLeslie L. Meredith
The following article discusses recent, significant decisions on federal class action settlements. While not all inclusive, these cases may help practitioners avoid common (and some not-so-common) pitfalls when trying to reach a successful, lasting class action settlement. This article assumes that the reader is at least generally familiar with the settlement procedures under Fed. R. Civ. P. 23 and the Class Action Fairness Act (“CAFA”).
The Seventh and Ninth Circuits have issued most of the notable recent decisions. Further, perhaps not surprisingly, most of the cases below involve fee calculations, but some opinions (particularly in the Seventh Circuit) touch on a host of issues and educate practitioners on how not to settle a class action. Finally, “coupon” settlements (already of limited acceptance due to CAFA) have received some recent attention by the Ninth Circuit.
Originally published in FDDC Insights, December 2015 issue; reprinted with permission.