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D. Kansas | Missouri & Kansas Class Action Law

Tag Archives D. Kansas

This decision is a useful reminder of how to control potentially expensive and protracted appeals of class settlements by class members who are either genuinely disgruntled or seeking additional leverage for financial reasons.  In this case, the settling defendant built in a provision requiring class members who wished to appeal the class settlement to put their money where their mouth was in terms of a robust appeal bond: Paragraph 5.3 of the Settlement Agreement approved by the court provides: Any Class Member wishing to remain a Class Member, but objecting to any part of the Settlement can do so only as set forth in the Class Notice attached as Exhibit “C”. Because any appeal by an objecting Class Member would delay the payment under the Settlement, each Class Member that appeals agrees to put up a cash bond to be set by the district court sufficient to reimburse Class Counsel's…

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