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Friday, November 25, 2011

Curbing Class-Action Suits That Benefit Lawyers, But Not Plaintiffs

Imagine that you get a congratulatory note in the mail because you won a multimillion-dollar settlement in a class-action lawsuit. Only problem is, you didn't even know you were involved in the case, so what does "your" victory mean for you?

You get nothing, but the lawyers who brought the lawsuit will be paid handsomely, and some obscure charities also get big financial windfalls.

This is precisely what happened not long ago to 66 million plaintiffs covered by a 2009 class-action lawsuit against America Online. The good news, however, is that the 9th U.S. Circuit Court of Appeals threw out this settlement and in the process placed some much-needed curbs on the use of class-action settlements as vehicles to create charitable slush funds.

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