$3.4B Tribal Land Settlement Faces Challenge In DC Circ.

Law 360 reports on a case CCAF objected to because the settlement would not be distributed fairly to class members.

“Not every class member is identically situated, and not every class member is fairly compensated,” class member Kimberly Craven's attorney Theodore H. Frank of the Center for Class Action Fairness LLC told a three-judge panel of the D.C. Circuit during oral arguments Thursday.

Circuit Judge David S. Tatel suggested that the key question in the appeal might be whether plaintiffs who bring an injunctive action can settle for monetary relief. He asked whether the risk is that some class members will be overcompensated and some undercompensated, saying Craven hasn't pointed to anything to show that.

That is one of Craven's central concerns, Frank said, because it is impossible to know what each class member's claims are worth without a full accounting.

Read the full article at Law 360.