Thoughts, opinions and
comments by attorneys and staff at
Whitfield Bryson & Mason

What Class Actions Are and What They Are Not

Over the years, large corporations and the defense bar, through their lobbies, have launched a broadside attack against class actions, accusing them of being shakedown schemes perpetrated by class action attorney…

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Use Caution: Cy Pres Settlements

While we generally believe that in appropriate circumstances a settlement which provides only cy pres relief can be approved as fair, reasonable and adequate, there is no doubt that this mechanism is subject to a…

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No Consideration, No Settlement?

Numerous courts have wrestled with the propriety of "unmanifested defect" class actions, generally finding that no cause of action exists for a plaintiff who has not yet been injured. But what about settlements f…

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No Injury, No Settlement?

Courts rarely deny motions for preliminary approval of a settlement. Yet Judge Koh of the Northern District of California recently did so in Standiford v. Palm, Inc., No. 09-CV-05719-LHK, a case arising from alle…

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