What 9th Circ.'s Tinder Ruling Means For Class Settlements

By Nicholas Hoffman, Diane Flannery and Andrew Gann (September 8, 2021, 4:27 PM EDT) -- In a decision published last month, the U.S. Court of Appeals for the Ninth Circuit handed down a significant opinion on the heightened scrutiny standard required for precertification class settlements.

In Kim v. Allison, the Ninth Circuit reversed approval of a precertification class settlement because it found that the district court materially underrated the strength of the plaintiff's claims, substantially overrated the settlement's worth and failed to perform the requisite inquiry into collusion, including in relation to the attorney fees award.

Although the Kim decision is framed as an extension of prior precedent, it continues a shift in the Ninth Circuit...

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