Settlement, Class Action, Notice Requirements

Beyond Due Process – The Shortcomings of Rule 23-Only Notice Programs and the Need for Quality Notice

JND Legal Administration on 5/2/2025

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

Ninth Circuit Finds Excess Carrier Owes Nothing to Insured Who Failed to Obtain Prior Written Consent to Settlement

Carlton Fields on 11/15/2023

In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance...more

Don’t Get Bitten by Your COBRA Notices

Dorsey & Whitney LLP on 1/21/2020

In a growing wave of class action lawsuits, plaintiffs are targeting employers who have allegedly failed to provide proper notice of health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985...more

FTC Studies: Class action settlement notices have room to improve

Ballard Spahr LLP on 10/7/2019

The Federal Trade Commission recently released its preliminary report on two studies it conducted to help understand the effectiveness of class action settlement notices and to “develop information to help improve settlement...more

Spam or Class Action Refund? Consumers Can’t Tell

Bradley Arant Boult Cummings LLP on 10/4/2019

Two recent studies by the FTC show that some methods for notifying potential class members of class action settlements are not as effective as courts and counsel might believe. In September, the FTC published a report on two...more

FTC Findings On The Effectiveness Of Class Settlement Notices Provide Insight On Best Practices

King & Spalding on 10/3/2019

Earlier this month, the Federal Trade Commission released findings from two studies regarding the effectiveness of class settlement notices. According to the FTC, these are the most comprehensive notice studies that have...more

Separating the Settlements From The Spam

Epiq on 10/2/2019

A huge issue that class action litigators face is how to improve consumer notification and increase participation in class action proceedings. Many people simply ignore class action notices and miss filing their valid claims....more

Long Term Planning for Class Action Settlements

Epiq on 4/30/2019

While class action settlements are often the most efficient way to deliver quick relief to similarly situated class members, complexities arise when these settlements do not offer immediate relief. For example, there are...more

Amendments To Rule 23 Now In Full Swing

Pierce Atwood LLP on 2/13/2019

On December 1, 2018, the amendments to Fed. R. Civ. P. 23 took effect, principally altering portions of the Rule governing class action notice, settlement, and appeals. ...more

New York Court of Appeals Decision Requires Needless Notice of Individual Settlements in Putative Class Actions

Bradley Arant Boult Cummings LLP on 3/13/2018

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

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

Seyfarth Shaw LLP on 12/14/2017

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

Proposed Changes to Rule 23: Electronic Notice and Efforts to Curb Abuses in Settlement Objection Process

Pierce Atwood LLP on 4/6/2017

On this blog, we previously wrote about the Fairness in Class Action Litigation Act of 2017, and identified its potential to bring significant changes to class action practice. That Act was passed by the House on March 9,...more

Vague COBRA Notices Could Prove Venomous

Cozen O'Connor on 3/10/2016

A recent class action settlement serves to remind employers that the Consolidated Omnibus Budget Reconciliation Act, commonly referred to as COBRA, has real fangs in the hands of the plaintiffs’ bar. A large financial...more

What Will Be in the Coming Class Action Amendments?

McGuireWoods LLP on 12/10/2014

I’ve written a little so far about the fact that Rule 23 is likely to undergo revision in the next few years. Last week Judge Robert Michael Dow, who is a member of the Advisory Committee on the Rules of Civil Procedure’s...more

Amendments to Federal Class Action Rules May be on the Horizon: Settlement, Issues Classes, and Notice Requirements on the Front...

Moore & Van Allen PLLC on 11/5/2014

Class action settlements, certification of issues classes, and class notice requirements are among the topics that may be the subject of upcoming proposed amendments to Federal Rule of Civil Procedure 23. On the agenda for...more

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