Rule 23 Changes: Avoid Delays In Class Settlement Approval
By Shandarese Garr and Niki Mendoza ( April 20, 2018, 3:25 PM EDT) -- Proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which governs class actions, are scheduled to take effect Dec. 1, 2018. Among the amendments are specific requirements related to "front-loading," which outline the process for seeking preliminary court approval of class action settlements and related notice plans. The amendments specify both the procedural steps in the settlement approval process and the specific factors to be considered by the court when granting such approval. Because of the new requirement to front-load information at the preliminary approval stage, it is more important than ever to consult with a claims administrator and its notice expert early in the settlement process. Indeed, the comments to the proposed amendments expressly suggest that "the court and counsel may wish to consider the use of class notice experts or professional claims administrators."...
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