By Jason Russell, Hillary Hamilton and Adam Lloyd (September 15, 2021, 5:03 p.m. EDT) – Despite the cheerful tone of the Briseño v. Henderson rendered by the United States Court of Appeals for the Ninth Circuit in June, class action litigants should take the case seriously when structuring class action settlements.
Amid a thicket of pop culture references, the Briseño panel held that under revised Federal Civil Procedure Rule 23 (e) (2), federal courts must closely scrutinize any settlements reached on behalf of of a group – whether before or after certification of the group – to ensure that counsel for the defendant and the group have not agreed to an unfair allocation of settlement funds between recovery for the group …
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