Page:Theodore H. Frank, et al. v. Paloma Gaos, individually and on behalf of all others similarly situated, et al..pdf/10

Rh ). Second, the lack of any benefit for the class rendered the settlement unfair and unreasonable under Rule 23(e)(2). Further, I question whether a class action is “superior to other available methods for fairly and efficiently adjudicating the controversy” when it serves only as a vehicle through which to extinguish the absent class members’ claims without providing them any relief. Fed. Rule Civ. Proc. 23(b)(3); see Rule 23(b)(3)(A) (courts must consider “the class members’ interests in individually controlling the prosecution… of separate actions”).

In short, because the class members here received no settlement fund, no meaningful injunctive relief, and no other benefit whatsoever in exchange for the settlement of their claims, I would hold that the class action should not have been certified, and the settlement should not have been approved.