Ninth Circuit cy pres victory in Nachshin v. AOL
We've been at the forefront of noting the problem of abusive cy pres; originally intended as a last resort "second-best" way to benefit the class after resolution of a case where there is leftover money, too many class actions use cy pres as a first resort to exaggerate the class benefits, or to siphon some of those benefits to the class attorneys or the defendants or, shockingly, the judge. A couple of recent decisions…
Ted Frank: A Conscientious Objector
He has already picked up some wins, including a significant ruling in August in a class action against Plantronics and the company formerly known as Motorola Inc. concerning Bluetooth headsets. The Ninth Circuit rebuffed a deal that would have paid no money to class members but would have given $100,000 to four nonprofit groups dedicated to hearing loss and $850,000 to the plaintiffs’ lawyers. The lawyers are now back in the lower court, trying to hash out a new deal.
Welcome, Wall Street Journal readers
Welcome to those of you who found this page after reading the Wall Street Journal profile.
P&G’s Pampers deal pooh-poohed
Ted Frank, founder of the Center for Class Action Fairness, had objected to the Bluetooth settlement and argued the successful appeal. The law is clear that the Dry Max settlement should also be rejected, and his organization will appeal if it isn’t, he said.
Pampers Dry Max class action settlement objection
This week, we objected to a $0 settlement of the Pampers Dry Max class action.
Sirius XM settlement approved
The decision contradicts (and ignores) Bluetooth, Aqua Dots, and the Class Action Fairness Act, and applied the wrong standard of law in creating an essentially irrebuttable presumption of fairness for the settlement.
CCAF wins in Ninth Circuit
The Center for Class Action Fairness announced today its victory in the U.S. Court of Appeals for the Ninth Circuit objecting to a valueless class action settlement.
