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One of the mandates of the Class Action Fairness Act (CAFA) of 2005 was to provide greater visibility into settlements with the goal of generating more transparency on how these settlements affect class members, according to...more
Class action notice programs are intended to satisfy Rule 23 due process requirements and ensure that class members receive reasonable notice of settlements. Unfortunately, many notice programs seem designed just to satisfy...more
On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to...more
In previous posts, I have discussed the roles of two of the players in class settlements: defense counsel and class counsel. For the third and final installment in this series, I will discuss the role of the third and most...more
A recent decision by the U.S. Court of Appeals for the Sixth Circuit provides an important reminder that if defendants want absent class members to be bound by a summary judgment ruling in their favor, generally they must...more
On December 1, 2018, the amendments to Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”), which governs class actions, went into effect. The amendments codify certain procedures the courts have been requiring or...more
The December 2018 revisions to Rule 23 are relatively minor, and early cases applying the amended rule confirm that no major changes have occurred. The Southern District of Iowa summed up the theme in Swinton v. SquareTrade,...more
Effective December 1 of this year, Rule 23 of the Federal Rules of Civil Procedure – governing class action lawsuits – was amended. Among other things, the amendments modernize the rule with respect to electronic...more
Class actions have dual natures. They start out as only individual cases, but they can become massive, collective cases where the rights of absent parties are adjudicated all at once. In most respects, class certification...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the New York Court of Appeals provided guidance on Rule 908 of the New York Civil Practice Law and Rules, deciding that Rule 908 requires sending notice of a...more
Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more
In a case involving alleged violations of ERISA and the Mental Health Parity and Addiction Equity Act, the District Court of the Western District of Kentucky certified a class of Anthem Health Plan insureds who were denied...more
The court in In re Flonase Antitrust Litigation, No. 08-3301, 2015 WL 9273274 (E.D. Pa. Dec. 21, 2015) recently held that it could not enjoin the state of Louisiana from pursuing claims that, on their face, fell within the...more