Objecting Class Member Had No Right to Opt Out of the Trump University Class at the Settlement Stage
Summary: Three class actions were filed against Donald J. Trump and Trump University, one in state court in New York and two in the Southern District of California. The cases were settled for $25 million shortly after Mr. Trump was elected President of the United States. Sherri Simpson was the lone objector who sought to opt out of the class at the settlement stage after failing to opt out when the class was originally certified. She did not “dispute that she received, at the class certification stage, a court approved notice of her right to exclude herself from the class and chose not to do so by the deadline. She argues, however, that the class notice promised her a second opportunity to opt out of the settlement stage, or alternatively, that due process requires this second chance.” The 9th Circuit rejected both arguments.