The percentage of eligible people who file claims in class action settlements should never be a taboo subject. Lawyers on both sides should talk about claim rates, and, where fewer people than expected have stepped forward to claim settlement benefits, judges should look further to understand why.

Settlements vary significantly in design and intent, however, and judges shouldn’t deal in absolutes. Specifically, judges shouldn’t insist on universal minimum claim rates, as some commentators recently have suggested.

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