The Class Action Fairness Act puts limitations on coupon settlements. In In re Online DVD Rental Antitrust Litigation, however, the district court approved a settlement that would pay $5.2 million in cash and $8.9 million in Walmart.com coupons to the class and held CAFA did not apply because the parties called the coupons "gift cards."
Does the Class Action Fairness Act regulate semantics or something more? I argue the latter in a Ninth Circuit opening brief filed today.
The district court also awarded a disproportionate $8.512 million to the attorneys. Our appeal addresses that issue as well.
The Center for Class Action Fairness LLC is not affiliated with the Manhattan Institute.