David Ross (Partner-Washington, DC) authored “Attorney Fee Reversal May Complicate Claims-Made Settlements,” which appeared in the June 26, 2023, posting of Law360 | Expert Analysis. In the article, David analyzes Lowery v. Rhapsody International Inc., in which the U.S. Court of Appeals for the Ninth Circuit reversed the fee award. “The rationale for that decision,” says David, “could spell trouble for those seeking approval of claims-made class action settlements that do not have sufficient financial benefits actually received by class members or meaningful injunctive or nonmonetary relief.” He concludes: “The Lowery decision does not have to be a death knell for claims-made settlements in the Ninth Circuit. There is no reason to conclude that a well-structured claims-made settlement that provides significant settlement benefits to class members can no longer obtain court approval. To the extent that material injunctive and nonmonetary benefits are included, even more reason for optimism exists.”

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