Welcome back to a my series on food safety and litigation. Earlier this year, I addressed some of the most frequently asked food safety questions online, covering topics like incubation periods for foodborne infections and the most alarming recent foodborne illness outbreaks. This time, I’m shifting gears to focus on… Continue Reading Consumer Education, For Consumers, For Lawyers, class action, Ilana Korchia Food Safety News
Welcome back to a my series on food safety and litigation. Earlier this year, I addressed some of the most frequently asked food safety questions online, covering topics like incubation periods for foodborne infections and the most alarming recent foodborne illness outbreaks. This time, I’m shifting gears to focus on legal matters, starting with class action settlements. In this column, I’ll explain what claimants can expect, especially in terms of the timelines for resolution.
During the past two years, I’ve been immersed in a complex mass tort case that evolved into a class action settlement with hundreds of class members. Needless to say, it’s been a learning experience. Understanding the intricate steps of class action settlements can be challenging — even for lawyers. That’s why I created this guide, to help clarify the process for everyone involved.
What is a class action settlement?
In a class action lawsuit, a lead plaintiff represents a large group of individuals, known as the “Class.” This group is typically affected by the same harmful actions or omissions by one or more defendants. A Class Member is any individual directly impacted by the issues in the lawsuit.
For a class action settlement to proceed, a judge must first certify the class by ensuring it meets specific criteria:
The class is large enough that individual lawsuits are impractical.
The legal issues are common across all class members.
The claims and defenses of the lead plaintiff are shared by the entire class.
The lead plaintiff can adequately protect the interests of the entire class.
Why use class actions as a settlement vehicle?
Strength in numbers: Class actions provide a robust alternative to individual suits, allowing multiple plaintiffs to unite against larger defendants. This collective approach amplifies the weight of each member’s claim and sends a clear message to the defendants that their actions will face collective scrutiny.
Lower legal costs: Legal battles can be financially burdensome and time-consuming. Class actions streamline legal efforts, reducing the costs that would arise from hundreds of individual lawsuits.
Judicial efficiency: It is far more efficient for courts to resolve one large case than hundreds or thousands of individual cases.
Equitable recovery: Class actions ensure fair distribution of any recovery, particularly when defendants have limited funds.
Consistent judgments: Consolidating similar claims avoids the risk of inconsistent judgments across different courtrooms, promoting fairness and coherence in legal outcomes.
What are the steps from settlement talks to settlement checks?
Step 1: Execution of the settlement agreement
Reaching a settlement is a major milestone in itself. In the matter I’m involved in, it entails extensive witness and fact discovery (i.e., dozens of depositions and the exchange of thousands of pages of documents and information), motion practice, consultation with experts, extensive research and evaluation of complex legal issues, and participation in multiple court-assisted settlement negotiations.
When the settling parties decide that settlement is the best course of action (due to the risks associated with prolonged litigation, uncertain recovery, and limited coverage available to satisfy claims, among other factors), they collaborate to draft the Settlement Agreement and related court filings. Upon reaching consensus on all settlement terms, the parties execute and file the Settlement Agreement with the Court, along with all related documents, including a motion seeking preliminary approval and certification of the class.
Step 2: Preliminary approval
Preliminary approval is the court’s first step in the settlement process. The judge overseeing the case holds a hearing to ensure the settlement is “fair, reasonable, and adequate” for the class members. In making this determination, the judge evaluates whether the proposed settlement appears to be the product of serious, informed, and non-collusive negotiations; has no obvious deficiencies; and does not improperly grant preferential treatment to the lead plaintiff or other segments of the class.
Step 3: Class notice
Once the court grants preliminary approval, the Settlement Administrator — a qualified third-party appointed by the court to handle the settlement claims process — disseminates notice of the settlement to all class members and launches a settlement website. This website serves as a platform where class members can access information about the litigation and submit a claim.
The primary purpose of the notice is to ensure that all class members are adequately informed; failure to sufficiently notify class members may result in the court rejecting the settlement. The notice must comprehensively outline the settlement terms, define the class, and present the options available to class members under the settlement, including:
Filing a claim. To participate in the settlement, class members are typically required to complete a form that includes their personal information and questions about the claim. They may also be asked to provide supporting evidence along with their claim. If represented by an attorney, their counsel may file a claim on their behalf.
Exclusion from the settlement. Following preliminary approval, class members have the option to exclude themselves from the settlement. This decision means they forfeit any benefits offered by the settlement but retain the right to pursue individual legal action against the defendants regarding the allegations.
Objecting to the settlement. Class members who believe the proposed settlement is unfair, inadequate, or unreasonable can file an objection with the court. They are permitted to present their arguments during the final approval hearing, and the court considers these objections before making a decision on final approval of the settlement.
Each of these options has its own deadline, and the dates must be prominently displayed in the notice.
Step 4: Fairness hearing and final approval
After the notice period, the court holds a final approval hearing to consider any objections and review the settlement. If the judge finds the settlement to be fair, reasonable, and adequate, final approval is granted. At this point, barring any appeals, the process moves forward to distributing settlement funds.
Step 5: Claims evaluation and payment
The Settlement Administrator is responsible for evaluating claims, which involves categorizing and valuing each class member’s claim. Claims are typically categorized based on the severity of the class member’s illness or injury, with more severe cases typically receiving higher compensation. The value of each claim is influenced by factors such as the total available funds, the number of class members, and any extenuating circumstances that may warrant an enhanced award.
Once all claims have been evaluated and any outstanding liens resolved, the Settlement Administrator can commence the distribution of settlement checks.
This guide simplifies the often complex steps involved in class action settlements. Whether you’re a class member or just curious about the process, I hope this provides a clearer understanding of what to expect.
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