PEARSON v. TARGET CORP.

No. 17-2275.

893 F.3d 980 (2018)

Nick PEARSON, et al., Plaintiffs-Appellees, v. TARGET CORPORATION, NBTY, Inc. and Rexall Sundown, Inc., Defendants-Appellees, Appeal of: Theodore H. Frank, Objector.

United States Court of Appeals, Seventh Circuit.

Decided June 26, 2018.


Attorney(s) appearing for the Case

Peter N. Freiberg , Attorney, Denlea & Carton LLP, White Plains, NY, Elaine A. Ryan , Attorney, Bonnett, Fairbourn, Friedman & Balint PC, Phoenix, AZ, Stewart M. Weltman , Attorney, Siprut PC, Chicago, IL, for Plaintiffs-Appellees Nick Pearson, Francisco Padilla, Cecilia Linares, Augustina Blanco, and Abel Gonzalez.

Peter N. Freiberg , Attorney, Denlea & Carton LLP, White Plains, Stewart M. Weltman , Attorney, Siprut PC, Chicago, IL, Jeffrey Ian Carton , Attorney, Denlea & Carton LLP, White Plains, NY, for Plaintiff-Appellee Richard Jennings.

Theodore H. Frank , Attorney, Melissa Ann Holyoak , Attorney, Competitive Enterprise Institute, Washington, DC, for Appellant.

Kara L. McCall , Attorney, Sidley Austin LLP, for Defendants-Appellees.

Before Wood, Chief Judge, and Rovner and Hamilton, Circuit Judges.


Inequitable settlements are an unfortunate recurring bug in our system of class litigation. Federal Rule of Civil Procedure 23(e) is designed to minimize such problems, but appeals by class members who object to a settlement indicate that the system still needs improvement. All too often, class counsel negotiate a settlement with...

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