Class Action Settlements

Recent court decisions on settlements after The Class Action Fairness Act (CAFA) and from pre-CAFA litigation have heightened the complexity for obtaining approval of class settlements -- both before and after the class has been certified.

For example, the Seventh Circuit's January 2006 ruling in Murray v. GMAC Mortgage Corp. complicated matters for defendants dealing with pre-CAFA litigation settlements.

Listen as our authoritative panelists analyze the issues that arise for both plaintiffs and defendants in pre- and post-CAFA litigation settlements -- and strategies toward achieving settlement approval both before and after the class is certified.

John B. Moorhead, Partner, Baker & Hostetler, Denver, is Coordinator of the office's Litigation Department. His 30 years-plus experience with complex civil and white collar criminal matters extends to all types of commercial litigation, including class actions. He has served as lead defense counsel in numerous national and statewide class actions.

Steven L. Wittels, Partner, Sanford Wittels & Heisler, Armonk, NY, has achieved success on multiple fronts from complex, multi-party trials to multi-million dollar class actions in his 20 years of practice. He is known for his aggressive and innovative litigation strategies and has produced remarkable results for both the class plaintiffs and the individuals he represents.

Kim S. Zeldin, Partner, Liner Yankelevitz Sunshine & Regenstreif, San Francisco, has over 14 years experience in complex business litigation. Her primary focus is ERISA litigation, unfair business practices, employment disputes, and intellectual property litigation. She has prosecuted and defended numerous state and federal court cases, arbitrations and appeals.

The panelists consider these and other key questions:

• What are the primary considerations in attempting settlements of purported class action lawsuits that were filed pre-CAFA, and post-CAFA?
• How are different jurisdictions treating the issue of considering settlements before and after certifying the class?
• What are the major notice challenges -- and best practices for overcoming them -- that arise in pursuing pre- and post-CAFA class action settlements?

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