Class Action

Two new opinions on class settlement objections: Consumer Privacy Cases and Clark v. American Residential Services LLC

By Kimberly A. Kralowec

Two new opinions on class action settlement objections have been handed down in the past two weeks:

• In Consumer Privacy Cases, ___ Cal.App.4th ___ (Jun. 30, 2009), the Court of Appeal (First Appellate District, Division Five) affirmed the final approval order, rejecting arguments that "class members were not given adequate notice of the settlement, that the settlement was not fair, reasonable and adequate, and that the court erred in approving attorneys? fees to class counsel."
  
• In Clark v. American Residential Services LLC, ___ Cal.App.4th ___ (Jul. 6, 2009), the Court of Appeal (Second Appellate District, Division Eight) vacated the final approval order "because the trial court lacked sufficient information to make an informed evaluation of the fairness of the settlement."  The decision contains an interesting discussion of Kullar v. Foot Locker Retail, Inc., 168 Cal.App.4th 116 (2008).  The Complex Litigator has a more detailed post on it.

Full post as published by The UCL Practitioner on July 09, 2009 (boomark / email).