What’s different about the recent trend is that settlements are facing skilled objectors who are willing and have the financial backing to take cases up on appeal.
(Read a related story: Class action settlements face growing scrutiny by objectors, courts)
Facing new objectors, class action settlements are attracting greater scrutiny from appellate courts, which are gutting those settlements and sending them back to be renegotiated.
In particular, the amount and proportion of attorney fees and the payment of money into cy pres funds, in which a defendant donates to a non-profit organization instead of directly to class members, have come under fire.
WASHINGTON – Several states will have to revisit their Medicaid reimbursement rules after the U.S. Supreme Court struck down a North Carolina law that set an automatic reimbursement rate for third-party tort awards as preempted by the Medicaid Act.
Published: February 19, 2013
Tags: CLE, computer-assisted review, e-discovery, electronic discovery, electronically stored information, ESI, Facebook, iPad, iPad apps, iPad mini, legal technology, LegalTech, practice management, predictive coding, settlements, social media, technology
Lawyers USA reports on items of interest to solos and small firm attorneys from the annual LegalTech conference, including software that can predict where a case will settle.
Published: January 7, 2013
Tags: breach of contract, breach of fiduciary duty, deceptive trade practices, ethics, fraud, legal ethics, mass tort, negligence, referral fees, settlements, silicosis litigation
Ever wonder what happens after the headlines trumpeting the latest humongous jury verdict are gone? Do the plaintiffs actually collect the amount the jury awarded? How often and how much?
Whether a verdict is reduced by the trial judge, overturned or reduced on appeal by a higher court, or settled for less than the jury awarded, collecting a verdict is a high hurdle for plaintiffs’ attorneys.
Lawyers USA columnist Richard Gabriel has spoken to hundreds of attorneys, judges and mediators about their mediations and settlements over the past year, and has found that the question of whether to settle or take a case to trial contains a fundamental risk analysis: How can a litigant obtain better information to either resolve a case or let a jury check the boxes on a verdict form? To address these concerns, Gabriel has begun conducting jury mediations.
Published: November 15, 2010
Tags: 20 Things Lawyers Need to Know in 2011, ADR, alternative dispute resolution, mediation, PowerPoint, risk analysis software, settlements, technology
Even when dealing with only a single client, lawyers must remember that the client has ultimate power over any settlement, advises Lawyers USA columnist Thomas Spahn.