In 2002, the U.S. Supreme Court ruled in Devlin v. Scardelletti that objecting class members could appeal a federal district court’s approval of a class settlement without first intervening in the litigation. Public interest lawyer Brian Wolfman says the ruling was a victory for both objectors and the integrity of class action procedure: Objectors, he argues, help keep fairness hearings fair.
But a number of courts are now ruling that Devlin only applies to non-opt-out class actions, rather than the much more numerous ones that give class members opt-out rights. In this article, Wolfman details the exact wording of the Supreme Court decision and asserts that the high court clearly did not limit the application of Devlin.
6 Class Action Litig. Rep. (BNA), at 453-458 (June 25, 2005)
Scholarly Commons Citation
Wolfman, Brian, "Preventing the Subversion of Devlin v. Scardelletti" (2005). Georgetown Law Faculty Publications and Other Works. Paper 1075.