June 29, 2018
Partner Jeffrey Jacobson
was quoted in the Law360
article, “Settlement Issues May Force 9th
Circ. Rethink Of Hyundai Kia.” In January, the Ninth Circuit ruled that “courts must weigh whether varying state consumer protection laws were thoroughly considered in nationwide deals;” this has led to district court judges’ caution for being called out for failing to analyze litigation and settlement classes to the same degree.
According to Jeff, “The Kia panel’s decision created an unnecessary mess that the Ninth Circuit should clean up en banc. All the panel needed to say was that the district judge failed to conduct any predominance analysis at all and must do so on remand. Instead, they suggested, as no prior appeals court ever had done, that the predominance analysis in this settlement class should include variations among state laws.”
To read the full article, please click here
. Access may require a subscription.