How have the courts dealt with the issue of abuse of discretion in certifying a class action?

MultiRegion, United States of America

The following excerpt is from Hill v. Volkswagen, AG (In re Volkswagen "Clean Diesel" Mktg., Sales Practices, & Prods. Liab. Litig.), 895 F.3d 597 (9th Cir. 2018):

The district court's decision to certify a class action and its conclusion that a class action settlement is "fair, reasonable, and adequate" are reviewed for abuse of discretion. See id. at 960. So is its denial of a class member's motion to exclude herself from the class out of time. See Silber v. Mabon , 18 F.3d 1449, 1453 (9th Cir. 1994). As we explain below, the district court appropriately exercised its considerable discretion in making its determinations. We affirm.

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