What is the test for Rule 23(e) of the U.S.A.B.C.R.A class A class B class B settlement?

MultiRegion, United States of America

The following excerpt is from Espinosa v. Ahearn (In re Hyundai & Kia Fuel Economy Litig.), No. 15-56014, No. 15-56025, No. 15-56059, No. 15-56061, No. 15-56064, No. 15-56067 (9th Cir. 2019):

Rule 23(e) ensures that unnamed class members are protected "from unjust or unfair settlements affecting their rights." Amchem, 521 U.S. at 623 (1997). When the district court determines that a proposed settlement is fundamentally fair, adequate, and reasonable, our review "is extremely limited." Hanlon, 150 F.3d at 1026. We consider the overall fairness of "the settlement taken as a whole, rather than the individual component parts," because "[n]either the district court nor this court ha[s] the ability to 'delete, modify or substitute certain provisions.'" Id. (quoting Officers for Justice v. Civil Serv. Comm'n, 688 F.2d 615, 630 (9th Cir. 1982)).

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