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S.D.N.Y.Procedural orderFiled May 13, 2021

Feierstein v. Correvio Pharma Corp.

Judge
Valerie Caproni
Docket
1:19-cv-11361
Court
U.S. District Court · Southern District of New York
Pages
2
Class ActionCivil Procedure
In one sentence

In Feierstein v. Correvio Pharma Corp., Judge Caproni ordered lead counsel to bring settlement-claim information to the May 14, 2021 fairness hearing.

Who this affects

Lead counsel and the settlement class members in the action were affected by the order requiring claims information at the fairness hearing.

What happened

In Feierstein v. Correvio Pharma Corp., the court noted that a hearing was scheduled for May 14, 2021, to consider the proposed settlement. Settlement class members had been required to submit claim forms by April 20, 2021.

Lead counsel reported that 9,516 potential settlement class members had been contacted but did not provide the court with information about how many claims were submitted. The court said claim information helps evaluate the settlement, the adequacy of notice, and the quality of the lawyers’ representation.

The court ordered lead counsel to be prepared at the hearing to provide the number of claims, basic information about the relative size and types of claims, and the percentage of contacted class members who submitted claims. Judge Valerie Caproni signed the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Feierstein v. Correvio Pharma Corp. · No. 1:19-cv-11361
Judge
Valerie Caproni
Date
May 13, 2021

Background

A fairness hearing—a hearing at which the court evaluates a proposed class settlement—was scheduled for May 14, 2021. Settlement class members were required to submit claim forms by April 20, 2021.

Lead counsel stated that 9,516 potential settlement class members had been contacted as part of the settlement-notice effort. Counsel did not provide information about the number of claims submitted.

Court’s Order

The court explained that the claims rate helps courts assess whether a settlement is fair and reasonable and whether class members received adequate notice. The claims rate also helps assess the quality of the representation provided by class counsel.

The court ordered lead counsel to be prepared at the fairness hearing to provide:

  1. The number of claims submitted;
  2. Basic data about the relative size and types of claims submitted; and
  3. The claims rate.

The opinion is an order concerning information to be presented at the scheduled fairness hearing.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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