Effective Dec. 1, 2018, the U.S. Supreme Court amended Federal Rule of Civil Procedure 23(e) governing the class action settlement process. The amendments created a sea change in the settlement approval process that is critical to both plaintiffs and defense counsel in class cases.

The amendments frontload the settlement-approval process. Where the threshold for preliminary approval used to be relatively low, the amendments heighten the showing a settlement proponent must make before the court may authorize notice of the proposed settlement to the class.