The U.S. Court of Appeals for the Second Circuit recently reversed a trial court's approval of a settlement in a class action case because the trial court presumed the fairness, adequacy, and reasonableness of the proposed settlement on the grounds the settlement was negotiated to at arm's-length failed to assess the fairness, adequacy, and reasonableness of the agreed to attorneys’ fees and incentive payment, and erred in determining the class relief did not constitute "coupons" under the federal Class Action Fairness Act (CAFA).
Posts published by “William H. Garvey”
William H. Garvey is an Associate in Maurice Wutscher’s Chicago office, practicing in the firm’s Consumer Credit Litigation and Commercial Litigation groups. Prior to joining the firm, Will was an associate attorney at one of Chicago’s premier civil litigation firms where his practice focused on the area of complex liability defense. He has extensive experience with all stages of litigation, including dozens of sophisticated depositions, complex motion practice, and related activities. In addition, Will substantially participated in several complex trials that went to verdict, all in favor of his clients. Will earned his Juris Doctor from the DePaul University College of Law, where he received dean’s list honors. He earned a Bachelor of Arts in Economics with a Minor in History from the University of Colorado. He is admitted to practice law in Illinois and the U.S. District Court for the Northern District of Illinois (pending).
The Court of Appeal for the State of California, Second District, recently reversed a trial court's dismissal of a debt buyer's complaint to collect on a home equity line of credit (HELOC) as barred by the statute of limitations.