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FERGUSON v. LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP

No. S104444.

135 Cal.Rptr.2d 46 (2003)

30 Cal.4th 1037

69 P.3d 965

Brent FERGUSON et al., Plaintiffs and Appellants, v. LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP, et al., Defendants and Respondents.

Supreme Court of California.

June 9, 2003.

Attorney(s) appearing for the Case

Adams . Nye . Sinunu . Walker, David J. Becht, Bruce Nye, San Francisco and Ross L. Libenson, Denver, CO, for Plaintiffs and Appellants.

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Jerome B. Falk, Jr., Ethan P. Schulman and Deborah A. Kane, San Francisco, for Defendants and Respondents.

Bird, Marella, Boxer & Wolpert and Thomas R. Freeman, Los Angeles, for Los Angeles County Bar Association, Orange County Bar Association and Beverly Hills Bar Association as Amici Curiae on behalf of Defendants and Respondents.

Greines, Martin, Stein & Richland and Robert A. Olson, Los Angeles, for Association of Southern California Defense Counsel as Amicus Curiae on behalf of Defendants and Respondents.

Lewis Brisbois Bisgaard & Smith, Richard B. Wolf, Los Angeles and Raul L. Martinez, for Lawyers Mutual Insurance Company, Continental Casualty Company, Carolina Casualty Insurance Company and Admiral Insurance Company as Amici Curiae on behalf of Defendants and Respondents.

BROWN, J.

In a mass tort action, class counsel stipulated to the certification of a mandatory, non-opt-out class with respect to punitive damages. To settle the action, class counsel agreed to dismiss the punitive damages class claims with prejudice. Despite objections from some class members, the trial court dismissed the punitive damages claims and approved the settlement. Two of these objectors now contend class...

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