July 30, 2018
is quoted several times in the Law360
article, "9th Circ. Hyundai Kia Rethink May Give Class Deals Clarity," explaining that the Ninth Circuit court will review en banc whether trial courts must scrutinize a settlement class to the same degree as a litigation class by requiring attorneys to conduct a state-by-state analysis of consumers' claims in the Hyundia Kia
Jeff explains that "It has been clear for 21 years, since the Supreme Court's decision in Amchem Products Inc. v. Windsor
, that a judge considering a settlement class need not consider the manageability of a proposed class action trial 'for the proposal is that there be no trial.'" Additionally, he states that “the settlement was well crafted by both sides, and Judge Wu should easily be able to find that choice of law is no bar to approving it," and that "the Ninth Circuit went much further than it needed to go in suggesting that predominance in the settlement context may be a higher hurdle than any other appellate court has considered it to be, and this en banc review will give the full court a chance to dial back that part of the decision. I hope they take it."
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