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Expert Analysis

Viewing Class Settlements Through A New Lens: Part 2

By Kahn Scolnick and Sheldon Evans (July 26, 2017, 11:03 AM EDT) -- In part 1 of this two-part series, we discussed class action settlement economics, and suggested that judges should primarily measure the fairness of a proposed settlement in the context of the strength or weakness of the class' case. We continue this discussion by turning to the illustrative example of coupon (voucher) settlements — where class plaintiffs receive a coupon or voucher instead of cash — which can provide significant value to class members, particularly in cases where they would likely receive very little (or nothing) without a settlement....

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