Law360 covers the August 28, 2019 oral argument in CCAF’s appeal of the first tranche of Lithium antitrust settlements. The settlements would provide all class members equal pro rata compensation even though class members in roughly half the states had no plausible claim against the defendants.
All three judges sitting on the panel expressed doubts about the settlements’ approval. Aside from Judge Bybee’s comments, U.S. Circuit Judge M. Margaret McKeown said the judge’s order approving the settlements was “conclusory,” and Judge McKeown expressed concerns that Judge Gonzalez Rogers didn’t explain her reasoning for finding that the deals were fair.
“Even if we didn’t have the Illinois Brick issue, why should we uphold with that?” Judge McKeown said. “We’re kind of left at a loss as to the basis of the fairness conclusion, and I agree brevity can be great — when it’s also explanatory.”
Meanwhile, U.S. Circuit Judge Michael Daly Hawkins said the “bottom line” is that trial judge concluded that she was going to to allow a class of people to receive compensation for an injury “that the Supreme Court has told us doesn’t exist.”
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