May 31, 2019 Feature

District Court Issues Revised Guidance for Class Action Settlements

Northern District of California becomes first to require publication of claims data

By Matthew S. Mulqueen

Litigants settling class actions in the U.S. District Court for the Northern District of California now need to publish claims rate data after distribution of settlement funds and attorney fees—a first-ever requirement.

A "to do" list for settlement approval grows out of amendments made to FRCP 23

A "to do" list for settlement approval grows out of amendments made to FRCP 23

Photo Illustration by Elmarie Jara | Getty Images

The district court issued revised procedural guidance for class settlements on November 1, 2018, which appears intended, in part, to facilitate compliance with recently implemented changes to Federal Rule of Civil Procedure 23. While well-intentioned, the guidance goes further than the rule and may invite misinterpretation of the data, resulting in unintended consequences, say ABA Section of Litigation leaders.

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