9th U.S. Circuit Court of Appeals
Sep. 29, 2022
Judge used wrong standard to OK $310M settlement, 9th Circuit panel rules
Joseph W. Cotchett, a founding partner of Cotchett, Pitre & McCarthy LLP who represents the class, downplayed the significance of the circuit ruling.
A 9th U.S. Circuit Court of Appeals panel vacated a $310 million settlement of a consumer class action against Apple Inc. because the panel said U.S. District Judge Edward J. Davila used the wrong standard.
Circuit Judge Jacqueline Nguyen ruled Wednesday that Davila incorrectly assumed the settlement between Apple and the plaintiffs was fair and reasonable when he should have assessed it based on "heightened scrutiny" because the case sett...
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