Vincent Loh's article, "Cutting Class," was published in the Daily Journal on June 4, 2009.
From the Article...
"Settling class actions is anything but typical. Rule 3.770 of the California Rules of Court conditions dismissal of class actions upon the plaintiff's submission of a declaration explaining the factual basis for the dismissal and any consideration received by the plaintiff. In Kullar v. Foot Locker Retail, Inc., 168 Cal.App.4th 116 (2008), the Court of Appeal reversed a class action settlement, despite acknowledging that it may very well have been reasonable and was reached in arm's-length negotiations by competent counsel with the assistance of an experienced mediator, on the ground that the trial court was not given sufficient evidence to approve the settlement. And now, in Watkins v. Wachovia Corp., 172 Cal.App.4th 1576 (2009), the Court of Appeal has given practitioners even more landmines to avoid in settling their class actions. "
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