Wednesday, August 17, 2011


The Second Circuit Court of Appeals ruled today:

“[T]he district court abused its discretion in certifying the class and approving the Settlement, because the named plaintiffs failed to adequately represent the interests of all class members.... We therefore vacate the district court’s order certifying the class and approving the Settlement, and remand for further proceedings consistent with this opinion.”

The full 52-page opinion is at

Objectors' attorney Charles Chalmers:

The Court has issued a detailed decision, with thoughtful opinions by the majority and the dissent. My clients will need time to consider it, as the matter will now proceed to a new stage. My clients are of course gratified that the Court accepted their central adequacy of representation objection, which they tried repeatedly to make clear in the district court. They look forward to a revised resolution that insures protection for the 99% of freelance articles involved in the action.


Anonymous Anonymous said...

story in the NYT

9:11 PM  
Anonymous Mike Bradley said...

Wow. This is about more than the settlement. It implies that the limits on who can qualify for statutory damages is unconstitutional, doesn't it? I hope it does.

10:05 AM  
Anonymous Mike Bradleyu said...

Oh, and mazel tov!

10:13 AM  
Blogger Irv Muchnick said...

Mike, I haven't analyzed that aspect of the decision, but your thought is certainly an interesting one.

11:45 AM  

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