March 06, 2019 Articles

Judicial Skepticism and the Class Action Settlement Approval Process

Obtaining preliminary approval today requires much more time and attention to detail than in the past.

By Jason J. Thompson

Historically, judges greeted the news of a class action settlement with open arms. Often the approval process was more of a victory lap than a rigorous exercise. But no more. Today judges are demanding more rigorous analysis of the class claims and damages; the list of Rule 23 approval criteria keeps growing; and the threshold for fairness is vague.

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