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Case Citations 1 (July 2017 through April 2018)

handle is hein.ali/aggregate0019 and id is 1 raw text is: PRINCIPLES OF THE LAW OF AGGREGATE LITIGATION CHAPTER 2. AGGREGATE ADJUDICATION TOPIC 1. INTRODUCTORY PROVISIONS § 2.02 Principles for the Aggregate Treatment of Common Issues C.A.9, 2017. Com. (b) cit. in disc. After over 100 plaintiffs moved to consolidate eight separate products-liability actions against medical-device manufacturer for purposes of instituting a bellwether- trial process, defendant removed the actions under the Class Action Fairness Act. The district court granted plaintiffs' motion to remand. Affirming, this court held that removal jurisdiction did not exist under the Act's mass-action provision, because, among other things, plaintiffs did not request a bellwether trial with results that would have preclusive effect on the plaintiffs in the other cases. The court noted that, although Principles of the Law of Aggregate Litigation § 2.02 described a bellwether- trial process in which the parties in the other cases agreed to be bound by the outcome of the bellwether trial, in the more common type of bellwether trial, the outcome of the trial was binding only as to the parties involved in the trial itself, and the results of the trial were used in the other cases purely for informational purposes as an aid to settlement. Dunson v. Cordis Corporation, 854 F.3d 551, 555. CHAPTER 3. AGGREGATE SETTLEMENTS TOPIC 2. CLASS SETTLEMENTS § 3.07 Cy Pres Settlements C.A.9, 2017. Cit. in ftn. and diss. op., cit. in case cit. in diss. op.; com. (a) quot. in case cit. in diss. op.; com. (b) cit. and quot. but dist., cit. in ftn., and cit. and quot. in diss. op. Internet users brought a class action against company operating a free internet search engine, alleging that defendant violated privacy rights under the Stored Communications Act by disclosing search terms to third-parties. The district court approved a cy pres-only settlement allocating funds to organizations that promoted public awareness and supported research relating to the protection of Internet privacy. This court affirmed over objections, holding that the settlement satisfied the nexus requirement between the objective of the Stored Communications Act and the interests of class members. The court explained that claiming significant prior affiliations between cy pres recipients and parties and counsel did not act as an absolute disqualification for settlement proceeds under Principles of the Law of Aggregate Litigation § 3.07, Comment b, because the relationships did not raise questions about merit selection and other factors were considered. The dissent argued that the relationships between counsel and cy pres recipients A L I , For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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