Section 1715 - Notifications to appropriate Federal and State officials

21 Analyses of this statute by attorneys

  1. If You Are Crossing Boardwalk and Park Place on Your Way to Go in Your CAFA Monopoly Game/Case, Then You Need to Pay Attention to This Practice Pointer Before You Complete the Settlement. Otherwise, You May Not Collect Your $200.

    McGlinchey Stafford PLLCMcGlinchey StaffordMarch 30, 2007

    Practice Pointer – This one makes an important CAFA point! The new 28 U.S.C. § 1715(b) states that you have to give notice to the appropriate state and federal officials of proposed class settlements. If you don’t, then class members may refuse to comply with and may choose not to be bound by a settlement agreement.In this case, the United States District Judge Denise Page Hood writing for the Eastern District of Michigan handed down her Findings of Fact and Conclusions of Law.

  2. CAFA Filings Spike in 2013

    Allen Matkins Leck Gamble Mallory & Natsis LLPKeith Paul BishopMay 13, 2015

    Congress tried to address this problem by requiring, among other things, that each defendant participating in a proposed settlement serve notice on the “appropriate state official” of each state in which a class member resides and the appropriate Federal official. 28 U.S.C. § 1715(b). Rather unhelpfully, the CAFA doesn’t say what exactly the appropriate state official is to do with the notice.

  3. Kentucky District Court Approves Settlement Agreement In Telecommunications Services Billing Class Action.

    McGlinchey Stafford PLLCMarch 3, 2015

    See Int’l Union v. GMC, 497 F.3d 615, 630 (6th Cir. 2007).Next, the district court noted that CAFA also requires defendants to provide notice of the proposed class-action settlement to appropriate federal and state officials, as defined in 28 U.S.C. § 1715(a). See 28 U.S.C. § 1715(a).

  4. Where Have All The CAFA Notices Gone?

    Allen Matkins Leck Gamble Mallory & Natsis LLPJanuary 9, 2013

    Congress tried to address this problem by requiring, among other things, that each defendant participating in a proposed settlement serve notice on the “appropriate state official” of each state in which a class member resides and the appropriate Federal official. 28 U.S.C. § 1715(b). Rather unhelpfully, the CAFA doesn’t say what exactly the appropriate state official is to do with the notice.

  5. Rollo and Crowson publish article: “Mapping the New Class Action Frontier – A Primer On The Class Action Fairness Act, and Amended Federal Rule 23.”

    McGlinchey Stafford PLLCMcGlinchey StaffordSeptember 5, 2005

    Id. (codified as 28 U.S.C. § 1715(b)). 57.

  6. A Practical Guide to Settling Class Action Cases on Appeal

    Kilpatrick Townsend & Stockton LLPPhillip Harris Jr.March 6, 2018

    (D) providing Class Action Fairness Act (“CAFA”) notice to regulators and allowing them 90 days to object to the proposed settlement. 28 U.S.C. § 1715(d) (“An order giving final approval of a proposed settlement may not be issued earlier than 90 days after the later of the dates on which the appropriate Federal official and the appropriate State official are served with the notice.”) An appealing defendant must be especially careful not to forget the CAFA notice requirements because, under 28 U.S.C. § 1715(e), a class member may choose not to be bound by a class action settlement for which the defendant did not provide the requisite regulator notice.

  7. The Ninth Circuit Holds That Res Judicata Bars State Recovery of Restitution for Members of a CAFA-Compliant Class Action

    Sheppard, Mullin, Richter & Hampton LLPBruce ColbathNovember 21, 2014

    00 payment, a class member needed to submit a valid claim form, which required her to declare, under the penalty of perjury, that the purchased test inaccurately predicted her child’s gender.[4] In approving the settlement, the district court found that Intelligender satisfied its obligation under 28U.S.C.§1715 to provide notice of the settlement to the appropriate state and federal officials.[5] On November9, 2012, the People of the State of California, by and through the SanDiego City Attorney, sued Intelligender for alleged violations of California’s Unfair Competition and False Advertising Laws (claims also asserted in the Gram class action).

  8. On notice: the OCC provides guidance to financial institutions about CAFA notice requirements in class action settlements.

    McGlinchey Stafford PLLCMcGlinchey StaffordMay 11, 2006

    The court may not issue a final settlement order until 90 days after the appropriate federal and state officials are served. A class member may also refuse to comply with and choose not to be bound by a settlement agreement or consent decree in a class action if the class member can show that the notice requirements of 28 USC Section1715 have not been properly provided. Need help?

  9. National Class Action Settlements Exceed DBO CAFA Notices

    Allen MatkinsJune 10, 2019

    One CAFA requirement is that each defendant participating in a proposed settlement must serve notice on the “appropriate state official” of each state in which a class member resides and the appropriate Federal official. 28 U.S.C. § 1715(b). Rather unhelpfully, the CAFA doesn’t say what exactly the appropriate state official is to do with the notice.

  10. National Class Action Settlements Exceed DBO CAFA Notices

    Allen Matkins Leck Gamble Mallory & Natsis LLPKeith Paul BishopJune 10, 2019

    One CAFA requirement is that each defendant participating in a proposed settlement must serve notice on the “appropriate state official” of each state in which a class member resides and the appropriate Federal official. 28 U.S.C. § 1715(b). Rather unhelpfully, the CAFA doesn’t say what exactly the appropriate state official is to do with the notice.