Why Class Counsel Should Obtain Discovery From Objectors
November 6, 2012, 5:29 PM EST
Law360, New York (November 6, 2012, 5:29 PM EST) -- Allowing class members the opportunity to present objections to settlements provides an important safeguard against flawed settlements and ensures that trial courts consider all points of view. However, a troubling abuse of this procedure has emerged as certain lawyers repeatedly orchestrate canned objections that ultimately do not benefit settlement classes. Such objections are overruled by trial courts and objectors then appeal orders approving class action settlements.
As courts have observed, these “serial” or “professional” objector counsel can make a living by routinely filing meritless appeals and...