Where parties reach a settlement agreement prior to class certification, “courts 3 must peruse the proposed compromise to ratify both the propriety of the certification and the 4 fairness of the settlement.” Staton v. [...] 5 When evaluating fairness, adequacy, and reasonableness of a class action settlement at the 6 final approval stage, the Court considers a number of factors, often referred to as either the 7 Hanlon or Churchill factors, including: (1) the strength of plaintiff’s case; (2) the risk, expense, 8 complexity, and likely duration of further litigation; (3) the risk of maintaining class action status 9. [...] The 16 Court now considers the adequacy of notice and review of the settlement following the final 17 fairness hearing. [...] Fairness, Adequacy, and Reasonableness of the Settlement 23 Class actions require the approval of the court prior to settlement and a finding that the 24 class settlement is fair, reasonable, and adequate. [...] Amount Offered in Settlement 25 To evaluate the fairness of a settlement award, the court should “compare the terms of the 26 compromise with the likely rewards of litigation.” Protective Comm.
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- Published in
- United States of America
