Tweaks to Class Settlements, Objections Go Live

Class action practitioners will have new rules to follow when they get to work Dec. 3.

Changes to preliminary settlement approval, withdrawing objections, and class notice go into effect over the weekend.

The current form of the class action rule, Federal Rule of Civil Procedure 23, doesn’t mention preliminary approval.

The revised Rule 23 will refer to preliminary approval as the “decision to give notice” of the settlement to all interested parties.

The idea is to front-load the inquiry into a settlement so that judges will give more scrutiny at the start, not at final approval.

The amendment codifies the ...