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WHAT WE’RE WATCHING
WHEW – Both plaintiffs and defense lawyers are likely heaving a sigh of relief after the Ninth Ciruit’s en banc reversal of a decision that would have made it nearly impossible to get approval of nationwide class-action settlements. Amanda Bronstad reports that the panel’s split decision on Thursday upended a 2018 opinion that had de-certified a nationwide settlement involving Hyundai and Kia over fuel efficiency estimates after concluding the district judge had failed to analyze the consumer laws of several states. The panel found that in general there was no requirement for such an analysis at the settlement stage.
