1988 TRUST FOR ALLEN CHILDREN v. BANNER LIFE INS.

No. 20-1630.

28 F.4th 513 (2022)

1988 TRUST FOR ALLEN CHILDREN DATED 8/8/88 — Marianne E. & Laurie L. Allen and Nora V. Gitz, as Trustees, Third Party Plaintiff-Appellant, v. BANNER LIFE INSURANCE COMPANY; William Penn Life Insurance Company of New York, Defendants-Appellees, and Richard Dickman; Kent Alderson, Plaintiffs-Appellees, and Legal & General America, Inc.; Legal & General Group, PLC, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 15, 2022.


Attorney(s) appearing for the Case

ARGUED: Jeven Robinson Sloan , LOEWINSOHN FLEGLE DEARY SIMON LLP, Dallas, Texas, for Appellant. George Walton Walker, III , BOLES HOLMES WHITE LLC, Auburn, Alabama; Timothy J. O'Driscoll , FAEGRE DRINKER BIDDLE & REATH LLP, Philadelphia, Pennsylvania, for Appellees. ON BRIEF: W. Ralph Canada, Jr. , David R. Deary , LOEWINSOHN FLEGLE DEARY SIMON LLP, Dallas, Texas; Michael J. Baxter , BAXTER, BAKER, SIDLE, CONN & JONES, P.A., Baltimore, Maryland, for Appellant. W. Daniel "Dee" Miles, III , Rachel N. Boyd , Paul W. Evans , BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C., Montgomery, Alabama; Geoffrey R. McDonald , Frank H. Hupfl, III , GEOFF McDONALD & ASSOCIATES, P.C., Richmond, Virginia; Christopher T. Nace , PAULSON AND NACE, PLLC, Washington, D.C., for Appellees Richard Dickman and Kent Alderson. Christopher F. Petillo , Philadelphia, Pennsylvania, Justin O. Kay , Chicago, Illinois, Brian A. Coleman , FAEGRE DRINKER BIDDLE & REATH LLP, Washington, D.C., for Appellees Banner Life Insurance Company and William Penn Life Insurance Company of New York.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Senior Judge Floyd joined. Judge Rushing wrote an opinion, concurring in part and concurring in the judgment.


After the district court preliminarily approved a settlement of a years-long class action suit, one class member objected. The court delayed approval of the settlement and permitted the objector substantial discovery. Upon completion of that discovery, the court overruled the objection and approved the settlement...

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