Tag Archives: Class Action Settlements

Eighth Circuit Provides Important Guidance in Class Settlement Approvals

Photo of Mark JohnsonBy Mark Johnson on Posted in Consumer Class Action
The Eight Circuit provided some useful guidance for district courts and practitioners in obtaining and reviewing final approval of class settlements in its July 5, 2017, decision in Keil v. Lopez. In that case, the court affirmed approval of a consumer class action settlement by Blue Buffalo Co. Ltd. involving ingredients of pet food. Here … Continue Reading

Sixth Circuit Vacates Class Settlement, Finding that Sealed Documents Prevented Objectors from Assessing Settlement’s Fairness

Photo of Ann YackshawBy Ann Yackshaw on Posted in Class Action Trends
This summer, the Sixth Circuit rejected class action litigants’ filing of the bulk of their class settlement documents under seal. Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299 (6th Cir. 2016). The Sixth Circuit’s decision here is another indication of the increasing scrutiny that federal courts are taking with respect … Continue Reading

California Court Rejects Tuna Settlement Over Scope of Release

Photo of Kristen HawesBy Kristen Hawes on Posted in Settlements
In recent years, courts have been more carefully scrutinizing class action settlements. A recent example is Hendricks v. Starkist Co., Case No. 3:13-cv-00729 (N.D. Cal. Feb. 19, 2016), where the U.S. District Court for the Northern District of California denied final approval of a $12 million settlement of a class action filed against StarKist. The lawsuit … Continue Reading

Tax Court Rules that Payments by Tobacco Distributor to Tobacco Master Settlement Agreement Qualified Settlement Fund Not Deductible Until Paid

By Jennifer Benda on Posted in Class Action Trends, Settlements
In Suriel v. Comm’r, 141 T.C. No. 16 (Dec. 4, 2013), the Tax Court ruled that, under the specific facts in this case, the economic performance rules under IRC Section 461(h), permitting a tax deduction for certain liabilities when a liability is fixed and before the liability is actually paid, did not trump the qualified … Continue Reading

Casie Collignon to Present Program On Class Settlement Objections

Photo of Patrick T. LewisBy Patrick T. Lewis on Posted in Class Action Trends, Settlements
Addressing class action settlement objections–including those made by so-called “professional” objectors, government agencies, and public interest groups–has become an increasingly important part of any class action litigator’s job.  On January 9th, our co-editor, Casie Collignon, and Bruce D. Greenburg of Lite DePalma Greenberg in Newark, N.J., will teach a CLE program that will review the trends in this area and outline strategies that counsel … Continue Reading

Class Action Settlement Based on Voucher Payout Wins Preliminary Approval by California District Court

By Judy Selby on Posted in Class Action Fairness Act, Settlements
On November 5, 2013, a California federal district court preliminarily approved a revised coupon-based class action settlement agreement between plaintiffs and OfficeMax (see Order Granting Preliminary Approval of Revised Class Action Settlement Agreemeent).  As reported here in September, the court rejected a prior proposed settlement between the plaintiffs, who had accused OfficeMax of illegally recording … Continue Reading

TCPA Class Action Settlements in Illinois—the Dispute Between Client and Insurer Rages On

By C. Zachary Rosenberg on Posted in Insurance, Settlements
On October 31, 2013, the Northern District of Illinois forced two insurers to cover a $6 million settlement of a TCPA class action despite claims that their insured, M&M Retail Center, Inc., settled for an inflated amount it knew it would never have to pay.  Maxum Indemnity Co. v. Eclipse Manufacturing Co., 1:06-cv-04946 (N.D. Ill. … Continue Reading

OfficeMax Class Action Zip Code Plaintiffs Again Seek Approval for Settlement and Attorney Fee Payment

By Judy Selby on Posted in Class Action Fairness Act, Settlements
Editor’s Note: This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Lawyers representing a purported class of customers who accused retailer OfficeMax North America Inc. (OfficeMax) of illegally recording their zip codes tried again this week to gain court approval of a settlement deal agreed to with OfficeMax. Dardarian v. OfficeMax Inc., case number … Continue Reading
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