In Re: Orthopedic Bone Screw Products Liability Litigation Alexander Sambolin

How courts have described this case

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

• stating that the \excusable neglect\ standard \provides the analysis for consideration of untimely claims for inclusion in a class action settlement\
• noting that the Larson factors “present a more specific application of the general considerations later announced by the Supreme Court in Pioneer ”
• stating that “Ortiz seems to imply (although it specifically declined to rule) that the level of notice required for a [mandatory settlement] is the same as is required in a Rule 23(b)(3) [opt-out] action: the best notice practicable”
• setting forth factors for consideration in extending deadline and reversing lower court’s decision to exclude claimant from participation in class action settlement for failure to meet registration deadline
• court should look at effect on timely claimants, not on defendants, when late claimant seeks to share in fixed-fund settlement
• “A primary use of these equitable powers is balancing the goals of expedient settlement distribution and the consideration due to late-arriving class members.”

Source: CourtListener parenthetical corpus (CC0).