SCOTUS to Evaluate Fairness of Cy Pres and Class Settlement Awards

Matthew D. Berkowitz and Ryan M. Poteet      On April 30, 2018, the Supreme Court granted certiorari in Frank v. Gaos, No. 17-961 to determine whether a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and comports with the requirement that a settlement binding class members must […]

PACER Class Action Proceeds with Partial Win for Plaintiffs

Ryan Poteet       On March 31, 2018, the United States District Court for the District of Columbia ruled on cross-motions for summary judgment in the PACER class action litigation that the federal judiciary improperly spent $198 million in fees collected through the courts’ public records platform. In National Veterans Legal Services v. United States of America, three […]

Ninth Circuit Holds that Choice of Law Inquiry Is Crucial for Nationwide Class Certification

Aleksandra Rybicki       In a divided opinion (2-1) in Espinosa v. Ahearn (In re Hyundai & Kia Econ. Litig.) 2018 U.S.App.LEXIS 1626 (January 23, 2018), the Ninth Circuit vacated a district court’s order granting class certification of a settlement class and instructed trial courts to engage in a more “rigorous analysis” of the prerequisites of Rule […]