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Partners Jessica Lewis and Christopher Johnstone and associates Michele Cusi and Maxwell Atkins authored “Settlement Scrutiny in the Wake of 2018 Amendments to Rule 23(e): Appellate Decisions in Review,” published by the American Bar Association's Litigation Section Class Actions and Derivative Suits Litigation Committee. The article examines how appellate courts are applying the 2018 amendments to Rule 23(e) and highlights increased judicial scrutiny of attorney fee awards, claims rates and other indicators of settlement fairness.
Excerpt: “A survey of appellate decisions interpreting the amendments, many of which have reached decision only in the last year, indicates that the amendments have largely achieved their goal of generating more consistency in evaluating the fairness of class action settlements. Appellate courts that previously applied customized considerations have, in turn, refined those tests to better align with the core concerns reflected in the 2018 amendments.”
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