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· 8/17/2011

In Re Literary Works in Electronic Databases

Citations

  • 654 F.3d 242

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that “an intense, protracted, adversarial mediation,” with “highly respected and capable” mediators, “does not compensate for the absence of independent representation”
  • advising that each “subclass representative . . . represent plaintiffs’ interests with respect to only that category of claim”
  • discussing circumstances under which the creation of subclasses may be necessary to remedy fundamental conflicts of interest within a class
  • describing seven subclasses as \surely beyond the point at which 'reclassification with separate counsel' must end\
  • analyzing objectors’ arguments that a settlement violated Rule 23(a)(4)’s adequacy of representation requirement because of conflicts of interests between those class members with lucrative claims and those with lower-value claims
  • discussing circumstances under which the creation of subclasses may be necessary to remedy fundamental conflicts of interest within a class

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.