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.
United States Court of Appeals, Sixth Circuit.
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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