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HIBBS v. MARVEL ENTERPRISES, INC.

19 A.D.3d 232 (2005)

797 N.Y.S.2d 463

BRIAN HIBBS, Doing Business as COMIX EXPERIENCE, on Behalf of Himself and All Others Similarly Situated, Appellant, v. MARVEL ENTERPRISES, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 21, 2005.

In this putative class action lawsuit, the motion court ruled that it would only approve a proposed settlement that included an "opt-in" method for class members. Given the facts of this case, the failure to approve the proposed settlement on that ground was an abuse of discretion.

The motion court initially approved the form of notice to the putative class, which included the "opt-out" method, and directed that the parties...

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