Combating Class Settlement Objectors: Overview of Proposed Rule Amendments, Key Preventive Measures and Tactics

Description

Objections by outside attorneys, government officials and public interest groups can jeopardize or delay class action settlements. Both sides can face problematic objections from “professional objectors” who appear to be motivated solely to extract part of the fee or take over as class counsel.

The government usually aims official objections at coupon settlements and settlement release language intended to bind state officials. Public interest group objections have varied purposes and political agendas. Coupon settlements and cy pres provisions are prime targets. A party to a class action can also object to a proposed settlement. Recently, a federal court of appeals’ chief judge objected to a proposed settlement in a class action alleging defects in a product he owned himself.

Both plaintiff and defense counsel may take advantage of several key measures and tactics to deflect and protect proposed settlements from non-class counsel objectors, as well as from government and public interest objections. Given the impact of objectors on class action settlement the Advisory Committee on Civil Rules has recommended amendments to Rule 23 addressing class action settlement issues.

Listen as our panel of experienced class action attorneys provides a review of trends and case law developments in settlement objections from non-class attorney objectors and government or private interest objectors and outline the proposed amendments to Rule 23 relating to objectors. The panel will provide best practices for plaintiff and defense counsel to minimize and overcome challenges from objectors.