Judicial Scrutiny of Class Action Settlements: Rigorous Review From Preliminary Approval to Beyond Distribution

This CLE webinar will discuss recent trends in class action settlements and how courts continuously evaluate settlements under Federal Rule of Civil Procedure 23(e) at the preliminary, final, and post-approval stages. The panel will discuss how class and defense counsel can best anticipate and meet the new normal of sustained judicial scrutiny throughout the entire settlement process.

The number and amount of class action settlements across the employment, securities, consumer protection, and product liability spheres continue to rise and show no signs of stopping. Given the unprecedented dollars involved in class settlements, low participation rates, and high attorneys' fees, now more than ever courts take very seriously their obligations under Rule 23(e) to evaluate and rigorously assess any proposed class settlements. Both class and defense counsel benefit from responding to and anticipating this increased scrutiny.

Courts are increasingly requiring additional supplemental briefing, revisions to the settlement terms, and detailed support for attorney fee requests. Post-settlement obligations to report back to the court are now routine. In late 2025, one judge ordered further inquiry and full disclosure into "side deals" among class counsel over attorneys' fees. 

Listen as our distinguished panel discusses recent class settlement trends and the continuation of increased and rigorous scrutiny of class settlements.