Last year, New York state courts ruled on a variety of class actions pursuant to CPLR Article 9 involving attorney’s fees, point of sale leases, arbitration and class action waivers, cy pres settlements, cell phone bonus minutes, inverse condemnation, mortgages, wage claims and mass property torts.
Trial courts must carefully examine proposed settlements,1 especially when coupled with a motion seeking certification of a settlement class. Appropriately, counsel for the class and the defendants have an interest in presenting the proposed settlement in a favorable light. The trial court, however, may need a more disinterested analysis of the proposed settlement.2
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