James Lawrence King Federal Justice Building, housing the Eleventh Circuit Court of Appeals, in Miami, FL. Photo: Candace West Eleventh Circuit: J&J's Recalled Sunscreen Deal Possible 'Coupon Settlement'
The U.S. Court of Appeals for the Eleventh Circuit, in a Thursday opinion, remanded the sunscreen settlement back to U.S. District Judge Anuraag 'Raag' Singh of the Southern District of Florida, who had criticized objector Ted Frank for holding up his approval of the class action agreement.
June 21, 2024 at 06:35 PM
6 minute read
Litigators
What You Need to Know
- The panel remanded to determine whether the deal is a 'coupon' settlement as defined under the Eleventh Circuit's May 13 decision in Drazen v. Pinto.
- The Eleventh Circuit also cited its 2023 decision in Williams v. Reckitt Benckiser, which found lead plaintiffs in a class action settlement lacked standing.
- Singhal, in granting final approval, blamed Frank for the delay in his decision, likening his arguments to 'whining.'
An appeals court unraveled Johnson & Johnson's agreement over recalled sunscreen, citing its own ruling last month that defined a "coupon" settlement.
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