P&G’s diaper rash settlement flushed by court

The Cincinnati Business Courier describes the In re Dry Max Pampers Litigations case and Center for Class Action Fairness' objection to the Proctor & Gamble settlement.

The settlement had been approved in 2011 by Judge Timothy S. Black of U.S. District Court in Cincinnati. It was objected to by Daniel Greenberg of Arkansas, who was represented on appeal by the nonprofit Center for Class Action Fairness in Washington, D.C.

Attorney Ted Frank, founder and president of the center, said the decision means the parties can negotiate a new settlement or litigate the matter in court. The plaintiffs also could drop the suit.

“We’re very pleased – we’re doing this to play traffic cop and make the law better,” Frank said. “The class attorneys have a fiduciary responsibility to their clients, but a lot of attorneys prefer to just negotiate settlements where they get all the money and their clients get imaginary relief.” Far too often, Frank said, judges rubber stamp such settlements.