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IN RE DRY MAX PAMPERS LITIGATION

No. 11-4156.

724 F.3d 713 (2013)

In re DRY MAX PAMPERS LITIGATION. Daniel Greenberg, Objector-Appellant, Angela Clark, et al., Plaintiffs-Appellees, v. Procter & Gamble Company; Procter & Gamble Paper Products Company; Procter & Gamble Distributing LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 2, 2013.

Attorney(s) appearing for the Case

ARGUED: Adam E. Schulman , Center for Class Action Fairness LLC, Washington, D.C., for Appellant. Lynn Lincoln Sarko , Keller Rohrback L.L.P., Seattle, Washington, for Plaintiffs-Appellees. D. Jeffrey Ireland , Faruki Ireland & Cox P.L.L., Dayton, Ohio, for Defendants-Appellees. ON BRIEF: Adam E. Schulman , Theodore H. Frank , Center for Class Action Fairness LLC, Washington, D.C., for Appellant. Lynn Lincoln Sarko , Gretchen Freeman Cappio , Harry Williams IV , Keller Rohrback L.L.P., Seattle, Washington, for Plaintiffs-Appellees. D. Jeffrey Ireland , Brian D. Wright , Faruki Ireland & Cox P.L.L., Dayton, Ohio, for Defendants-Appellees.

KETHLEDGE, J., delivered the opinion of the court, in which THAPAR, D. J., joined. COLE, J. (pp. 723-24), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

Class-action settlements are different from other settlements. The parties to an ordinary settlement bargain away only their own rights — which is why ordinary settlements do not require court approval. In contrast, class-action settlements affect not only the interests of the parties and counsel who negotiate them, but also the interests of unnamed class members who by definition are not present during the negotiations...

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