Litigation & Arbitration,
Class Action
Nov. 4, 2022
Individual settlements do not require court approval
When a district court states that it needs more information from the parties to approve an individual settlement, the parties are typically more inclined to provide that information and ask for court approval than to file an interlocutory appeal or to seek mandamus.
Alexander M. Smith
Partner
Jenner & Block LLP
Phone: (213) 239-2622
Email: asmith@jenner.com
Harvard Univ Law School; Cambridge MA
Prior to 2003, Federal Rule of Civil Procedure 23(e) required federal courts to approve the dismissal or compromise of any "class action." In 2003, however, the Advisory Committee revised Rule 23(e) to require a court's approval only if the parties sought to dismiss or compromise the "claims, issues, or defenses of a certified class." Fed. R. Civ. P. 23(e). In revising this rule, the Advisory Committee clarified that Rule 23(e) no longer "require[s] court approval of...
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