Home -> Law Blog Directory -> Miscellaneous Blogs -> Federal Civil Practice Bulletin
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Miscellaneous
: Federal Civil Practice BulletinMacey & Miller Post Article on Judicial Review of Class Action Settlements on SSRN
This article proposes a simple and coherent approach to judicial review of class action settlements. Specifically, we propose that for questions going to the adequacy of a settlement, where no warning signals of fraud or collusion are found, the court should act relatively deferentially by employing a lenient standard of scrutiny and approving a settlement if it has a rational basis. An intermediate level of scrutiny should apply when the settlement presents facial issues that implicate the fairness of the settlement. Such facial issues include the allocation of settlement proceeds among subgroups in a class, the presence of coupon-type relief, "shotgun" settlements occurring very early in the litigation, and settlements in overlapping class actions. In settlements with one or more of these characteristics, if the initial inquiry raises concerns, the court should demand a well-reasoned explanation for the choices made. Finally, where the components of a settlement present a direct conflict between the interests of class counsel and those of the class issues, such as issues related to attorneys' fees, courts should employ exacting scrutiny and require convincing evidence that the proposal is reasonable.
This Article may be downloaded by visiting http://ssrn.com/abstract=1349463.
Full post as published by Federal Civil Practice Bulletin on March 16, 2009 (boomark / email).
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
PTDS class action
Veterans Post Traumatic Stress Disorder Class Action
Aurora Loan Faces Class Action over Mortgage Review Services
Aurora Loan Faces Class Action over Mortgage Review Services
Washington Post WPO Securities Fraud
Washington Post WPO
Princeton Review
Sarasota Student Data Breach Prompts Class Action
Understaffed Elder Care
Sunwest Management pays $5.5 million in two class action settlements with California and Oregon residents.
Washington Post 401(k) / ERISA Stock Fraud
Washington Post 401(k) / ERISA Stock Fraud

Jonathan Macey and Geoffrey Miller on Judicial Review of Class Action Settlements
Miller on Waluchow on Judicial Review
Macey-Dare on Litigation Costs, Settlements, and Game Theory
Miller on Strong Judicial Discretion
Estreicher & Yost on Class & Collection Action Employment Settlements
Miller on State Action & State DOMAs







