Wednesday, June 4, 2014

An Objector's Choice

Litwin v. iRenew Bio Energy Solutions, LLC, No. B248759 (D2d1, as modified, May 29, 2014)

An objector appeals from an approval of a class action settlement over false advertising claims about the magical healing powers of some hippie bracelet. The notice that went to the class said that if an absent class members wanted to object, she needed to both give written notice and show up at the approval hearing to argue her case. Unfortunately, that’s wrong. Under Rule of Court 3.769(f), as interpreted by the court here, and buttressed by Newberg on Class Actions, a class member can lodge an objection by filing a written objection or by appearing at the hearing to object. She needn’t do both, which would be unfairly burdensome. Thus, because the class notice misstated the right of objectors, the settlement should not have been approved.


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