Seventh Circuit Declines to Adopt the "Reasonable Indication" Rule for Opting Out of a Class Action Settlement | King & Spalding
To embed, copy and paste the code into your website or blog: On March 11, 2021, the Seventh Circuit held that when a district court delineates clear instructions for how class members can opt out of a class action settlement, a class member’s continued prosecution of claims in parallel litigation does not provide proper notice of their intent to be excluded from the binding settlement. The Navistar court declined to adopt the “reasonable indication” standard for opting out of a class action settlement—a test previously endorsed by the Second and Tenth Circuits—on the grounds that s...
Source: jdsupra.com