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Sea Change in Class Action Settlement Process: A Year Under Revised Rule 23(e)

On January 29, 2020 by Schnader

Ira Neil Richards and Arleigh P. Helfer III published a commentary in The Legal Intelligencer entitled, “Sea Change in Class Action Settlement Process: A Year Under Revised Rule 23(e).” The commentary states in part:

Effective Dec. 1, 2018, the U.S. Supreme Court amended Federal Rule of Civil Procedure 23(e) governing the class action settlement process. The amendments created a sea change in the settlement approval process that is critical to both plaintiffs and defense counsel in class cases.

The amendments frontload the settlement-approval process. Where the threshold for preliminary approval used to be relatively low, the amendments heighten the showing a settlement proponent must make before the court may authorize notice of the proposed settlement to the class.

Richards is a partner and Chair of the Class Action Practice Group. Helfer is an associate in the Litigation Services Department.

Read the full commentary here.