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Expert Analysis

Viewing Class Settlements Through A New Lens: Part 1

By Kahn Scolnick and Sheldon Evans (July 25, 2017, 12:37 PM EDT) -- Class action settlements in federal court must be deemed "fair, reasonable, and adequate"[1] before courts will approve them. In recent years, however, obtaining judicial approval of class action settlements has become more and more difficult, due largely to increased judicial skepticism of plaintiffs counsel, who face incentives to sell out the interests of their clients in order to obtain a large fee award. Sometimes these concerns are well-founded; other times they are misplaced....

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