Courts Are More Rigorously Scrutinizing Class Settlements

By Bo Phillips, Samuel Park and Jonathan Kim (June 28, 2019, 12:58 PM EDT) -- A controversial 2018 Ninth Circuit opinion resulted in much consternation for parties seeking to obtain court approval of nationwide class action settlements by requiring those parties to demonstrate how variations in state law would not bar certification of a settlement class.

Many have commented that such a requirement would be a nearly insurmountable bar to the approval of nationwide class settlements. Earlier this month, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reversed that 2018 decision, holding that settling parties were not required to proffer such an analysis of state-law variations for purposes of seeking...

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