Class Action Blog

Most class action cases are complex. Whenever multiple class actions are joined in an MDL, the complexity is greatly increased. This blog post discusses the five consolidated appeals of an objected to nationwide class action settlement. On appeal, a divided three judge panel vacated the class certification and remanded. However, “a majority of the nonrecused active judges” voted to rehear the case en banc. That resulted in six judges joining all of the majority opinion, three judges joining the dissenting opinion, and one judge joining separate parts of the majority and dissenting opinions.

The 10th Circuit addressed appeals by multiple objectors to multiple class action settlements in a Kansas based MDL which is of importance during the hot summer months. The 10th Circuit ruled, its ruling was published, and then that ruling was withdrawn in response to the petition for panel rehearing while the petition for rehearing en banc remained pending. (In other words, potential additional 10th Circuit rulings are possible.) Nevertheless, the rulings thus far should be interesting to the class action bar as a whole.