Settlement Administration 101

Free CLE Webinar: Navigating the Settlement Administration Process from Start to Finish

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Proven Strategies for Success from Class Action Industry Veterans As class action practitioners are aware, no two settlements are exactly alike. There are multiple factors that can impact the process such as the size of the class or the way a settlement is structured.   Differences in the administration process from settlement to settlement can make the process difficult to navigate. Industry veterans and Heffler Claims Group Senior Directors Ed Radetich and Dave Kaufman created a start-to-finish course that outlines the administration process, from drafting a settlement agreement to getting final approval.  Navigating the…

Rule 23 Amendments: Resources and News

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Rule 23 changes are officially in effect.  Are you prepared?  Amendments to Rule 23 went into effect on December 1, 2018 and include language that places digital class action settlement notice on par with U.S. mail. In addition, the amendments require additional information from counsel ahead of preliminary approval, impose objection limitations, and clarify final-settlement criteria. To help class action practitioners across the country adjust to the new amendments and understand the impact on settlements – including getting court approval – we…

What Types of Settlements Exist in Class Action Lawsuits?

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There are several ways class action settlement funds are divided and distributed among class members. The distribution method is always spelled out in the settlement agreement and must be approved by the Court. Below, we’ve described the common types of settlements in class action lawsuits. Claims Made – Claims-made settlements are often used in the consumer class action context. In claims-made settlements, defendants pay the class an amount equal to the total value of all the valid claims. In some…

What Should I Expect in a Class Action Settlement Fairness Hearing?

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What you need to know before entering the final stages of your class action settlement.  A class action fairness hearing is the court’s final opportunity to determine whether the proposed settlement is fair, reasonable, adequate, and not based on collusion.   Courts use a final fairness hearing to assess the negotiation between parties and determine whether the proposed settlement benefits class members. Settlement approval happens over two-steps, through a preliminary fairness evaluation and a final fairness evaluation.  According to the Shriver Center, the court often…

What is Rule 23?

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A guide to Rule 23 for new class action practitioners and class members  Federal Rule 23 was created to govern class action lawsuits and settlements and in part to allow class members to opt-out of a class action lawsuit, instead of opt-in. The rule dictates when a class can be certified, what type of notice if any is required to class members if certified, and what procedures and processes must be adhered to with class certification.  Prerequisites and Types of Class Actions  To avoid potentially frivolous class action lawsuits and to…

Understanding the Role of a Settlement Administrator in Class Action Lawsuits

What is a Settlement Administrator?  A class action settlement administrator is a third-party, appointed by the court, that handles the class action lawsuit claims administration process. Typically, the settlement administrator is responsible for creating and maintaining a claims website, — which includes case updates, filing instructions, and court documents when relevant — receiving and validating claims, and effectively communicating with class members. In addition, a settlement administrator should be a part of the settlement planning, including identifying methods of notice and claims…