Holding that a "clearer showing of a settlement's fairness, reasonableness and adequacy" is required for a settlement reached "prior to class certification," though "we have long recognized that a district court's disposition of a proposed class action settlement should be accorded considerable deference"
332 F. Supp. 2d 639 (S.D.N.Y. 2004) Cited 31 times
In Consol. Edison, Inc. v. Northeast Utilities, 332 F.Supp.2d 639 (S.D.N.Y. 2004), the Court, applying New York law, similarly granted a motion for summary judgment dismissing the defense of release.
Noting that the skill and prior experience of counsel in the specialized field of shareholder securities litigation is relevant in determining fair compensation
Acknowledging that "a settlement can be approved even though the benefits amount to a small percentage of the recovery sought" and that the "essence of settlement is compromise."
Fed. R. Civ. P. 23 Cited 34,829 times 1232 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"