In assessing the fairness of a settlement in a class action, does the court have to consider the views of the named plaintiffs in the settlement?
MultiRegion, United States of America
The following excerpt is from Torres v. Extreme, Case No. 1:13-cv-01778-LJO-SAB (E.D. Cal. 2015):
The class representatives have an incentive to advance their own interests over that of the class and class counsel owes the ultimate fiduciary responsibility to the class as a whole and is not bound by the views of the named plaintiffs regarding settlement. Staton v. Boeing Co., 327 F.3d 938, 959-60 (9th Cir. 2003). Therefore, in assessing the fairness of the settlement, the court
Page 8
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law where federal or state courts have jurisdiction to hear a class action in a class A class B class action? (MultiRegion, United States of America)
Can a plaintiff on remand in a class action that has never been certified be considered moot because all named class representatives have been released from prison? (MultiRegion, United States of America)
Does a named class representative's notice of appeal stating that he is appealing individually and on behalf of the other named plaintiffs in a class action be sufficient to effect an appeal? (MultiRegion, United States of America)
What is the test for a named plaintiff to represent a class in a class action? (MultiRegion, United States of America)
Can a named party appeal a judgment of a federal district court against a class action settlement? (MultiRegion, United States of America)
Is there an obligation of a named plaintiff to act as a named representative in a class action? (MultiRegion, United States of America)
Can a plaintiff in a medical malpractice class action represent the class if they disagree with the course of the action? (MultiRegion, United States of America)
What factors will a court consider when assessing the fairness of a settlement agreement? (MultiRegion, United States of America)
What is the current state of the law on due process for a class A class B class A plaintiff to notify of a settlement? (MultiRegion, United States of America)
When a federal court dismisses an action with prejudice, does the dismissal of the action by the federal district court result in a separate contract dispute arising from the settlement agreement? (MultiRegion, United States of America)
