Berry v. LexisNexis
CEI appealed the district court’s approval of a settlement over data marketing practices, from which class members cannot even opt out, and under which class members receive only injunctive relief that was forbidden by statute, while plaintiffs’ lawyers are awarded over $5.3M. The Fourth Circuit affirmed the settlement and the Center asked for rehearing.
The petition for certiorari was prompted by the lower court’s failure to follow governing Supreme Court law that recognizes the inherent potential for abuses of the class action settlement process.
On October 3, 2016 the Supreme Court denied certiorari.