Certified consumer class actions that have survived motions to dismiss often settle. The reason they seldom are tried is the same reason I don’t bet my life savings on red when playing roulette in Las Vegas: Aggregation makes the risk of loss nearly unbearable.
But while class action lawyers often study recent developments in substantive law, they seldom pay attention to new cases involving class action settlements. The past year has seen a variety of class settlements overturned, and this column draws some lessons from them for those who may be drafting settlement documents sometime soon.
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