A federal appeals court has agreed to review a decision en banc that has alarmed class action lawyers on both sides for potentially threatening the viability of nationwide settlements.
In an order on Friday, the U.S. Court of Appeals for the Ninth Circuit granted en banc review of In re Hyundai and Kia Fuel Economy Litigation, a move that gained support not only from lawyers on both sides but numerous amici, including the American Tort Reform Association, Public Justice and the Impact Fund. The Ninth Circuit said it would review its Jan. 23 2-1 decision, which imposed what many lawyers considered a strict set of requirements for class action settlement approval. Two objectors had opposed a rehearing.
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