Class Action Insider

In Smith v. Miorelli, the United States Court of Appeals for the Eleventh Circuit reminded litigants of the importance of Article III standing, even where the parties agree to settle. Federal courts do not have authority to adjudicate a claim or to award a specific form of relief unless the plaintiff first satisfies this jurisdictional requirement.

Cy pres provisions are often used in class action settlement agreements. Under such provisions, settlement funds that go unclaimed by class members are distributed to one or more third parties, usually a charity, legal-services organization, or other entity with some relation to the underlying dispute.

In a recent Ninth Circuit decision, the court affirmed that the key factor in determining whether an attorneys’ fee award in a Rule 23 class action settlement is reasonable is the benefit the class received under the settlement.

On August 19, 2022, we wrote about the Eleventh Circuit’s decision in Drazen v. Pinto, which held that a class action settlement agreement may receive final approval only if every class member has standing to recover individual damages.