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Pre-Certification Settlement

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Named Plaintiffs & Settlement Class Members v. Feldman (In re Apple Inc. Device Performance Litig.), Nos. 21-15758, 21-15761, 21-15762, 21-15763, 2022 U.S. App. LEXIS 27184 (9th Cir. Sep. 28, 2022)

Though it did most other things right, the district court erred in expressly employing the wrong standard to decide whether the class action settlement in this case was fair, just, and equitable.  In a pre-certification settlement, like this one, the district court may not presume the settlement is reasonable but must instead exercise heightened scrutiny.  Application of the wrong standard… Read More

Saucillo v. Peck, Nos. 20-55119, 20-55159, 2022 U.S. App. LEXIS 3839 (9th Cir. Feb. 11, 2022)

Following Roes, 1-2  v. SFBSC Management, LLC (9th Cir. 2019) 944 F.3d 1035, this decision holds that when a class action settles before class certification, the district court may not apply a presumption of fairness to the settlement based on arms-length negotiation between experienced counsel.  Instead, the court mus employ extra caution and more rigorous scrutiny in evaluating a pre-certification… Read More