This Week At The Ninth: Class Settlement And Certification

This week, the Court addresses objectors' challenges to the approval of a settlement of class and California Labor Code Private Attorney General claims, and considers the propriety of certifying a class with parties who experienced variable injuries.

PECK v. SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC

The Court holds that a non-party employee cannot appeal the settlement of a California PAGA claim but vacates the district court's order applying a presumption of reasonableness in approving a class settlement.

The panel: Judges M. Smith, Ikuta, and Steele (M.D. Fla.), with Judge M. Smith writing the opinion.

Key highlight: "The district court not only applied the same presumption that we reversed in Roes, but it actually cited the very language from the district court's order in Roes that we criticized. Having had not only the benefit of our decision in Roes, but also the cases preceding it applying the heightened standard, the district court should not have