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Judge Baer approves $0 Sirius XM class action settlement

Judge Baer approved the $0 Blessing v. Sirius XM settlement and $13 million fee award to Milberg Weiss and other firms yesterday over the Center for Class Action Fairness LLC objection. The decision contradicts (and ignores) Bluetooth, Aqua Dots, and the Class Action Fairness Act (which applies to "coupons" and not just "coupons 'to purchase something [class members] might not otherwise purchase'"), and applied the wrong standard of law in creating an essentially irrebuttable presumption of fairness for the settlement. There's also the unaddressed question of conditioning class certification on an unconstitutional quota. So we'll have an interesting appeal to the Second Circuit, which will either have to reverse or create a circuit split. Shallow coverage at Bloomberg, Reuters, and SiriusBuzz.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.