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Michael T. Brody, co-chair of Jenner & Block. Michael T. Brody, co-chair of Jenner & Block.

7th Circuit SpotlightA class member may object to a proposed class action settlement. If the district court rejects the objection and approves the settlement, the objector may appeal the final judgment. Filing a notice of appeal is quick and easy. The simple step of filing an appeal, however, can substantially delay the consummation of any class action settlement, including the payment of fees to class counsel. Defendants are reluctant to agree to permit distribution as long as approval is uncertain. Payment can be an irrevocable step and defendants are unlikely to recover money once it is distributed. Thus, settlement agreements typically do not permit distribution of settlement relief to the class until the completion of all appellate review.

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