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A win in Dewey v. Volkswagen

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We've been discussing the unreasonable Dewey v. Volkswagen class action settlement for some time here: June 2010; July 2010; October 2010; August 2011; February 2012; February 2012; March 2012. Today, the Third Circuit reversed the settlement approval, another victory for the Center for Class Action Fairness. The decision is not an optimal opinion, as it is heavily fact-specific and avoids the opportunity to create useful precedent to make future settlements and fairness hearings more efficient, but a good result for this particular class that had been treated unfairly is still a good result—especially since the settling parties had asked for the recent Sullivan v. DB Investments decision to be extended to preclude any consideration of intra-class conflicts.

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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.