Howard Erichson was quoted in a Law.com article about Logitech Inc.’s class action lawsuit.
A federal appeals court has ordered Judge William Alsup to explain why he refused to allow lawyers to engage in settlements talks in a class action against Logitech Inc.
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Alsup, of the U.S. District Court for the Northern District of California, known for his unique standing orders, has long had a requirement that lawyers get class actions certified prior to settlement discussions. In a Jan. 18 order in the Logitech case, he acknowledged that this could be the first time someone had challenged that standing order. “No one has ever complained about it—until now,” he wrote.
“What the Ninth Circuit is saying right now is, ‘Hey, judge, we’re giving you a chance to explain yourself better or to do something differently,” said Howard Erichson of Fordham University School of Law, whose publications Alsup cited in the Logitech case. “We actually see some merit in this in the mandamus petition.”
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Alsup also is concerned about sacrificing the class for a quick settlement, Erichson said.
“The danger is the plaintiffs’ lawyer will want to cut the deal, the defendant will cut the deal, and some judges are too quick to approve it, even if it screws over the class members,” he said. “Judge Alsup is more aware of that than most judges and more willing to say so explicitly, saying if you want to negotiate a class settlement, then, get your class action certified.”