John Brown

The plaintiff and remaining defendants in a price-fixing class action sought to certify the action on consent, approve class counsel fees, and dismiss the action.

The class members had previously been compensated through a settlement with other defendants.

The court found no prejudice to the class, certified the action, approved class counsel fees of $239,895.26 from trust funds, and dismissed the action without costs.

In a certified class proceeding concerning an alleged defective charitable gift program, the plaintiff moved to amend the certified common issues and to stay the defendants’ third‑party claims against distributors until after the common issues trial.

Competing drafts of revised common issues and orders were submitted by the plaintiff, defendants, and another defendant concerned about exposure to an unpleaded claim.

The court preferred the plaintiff’s proposed revisions and order because they more directly preserved the objective of a focused common issues trial that would not bind or involve the distributors.

However, the proposed amendments required clarification to address concerns that they might create liability for negligent implementation of an otherwise valid program, which had not been pleaded or certified.

The court directed that the revisions be modified to limit the issues or, alternatively, that the plaintiff bring a motion to amend the statement of claim and certify the additional common issue.