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Case Citations [1] (April 2023 - August 2023)

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                                THE   AMERICAN
                                LAW INSTITUTE



                                     Spring 2023 Citations



    PRINCIPLES OF THE LAW OF AGGREGATE

                                   LITIGATION



                        CHAPTER 3. AGGREGATE SETTLEMENTS

                              TOPIC   2. CLASS  SETTLEMENTS

§ 3.04 Notice of Class Settlement

S.D.Tex.2021. Subsec. (a) quot. in sup. Leaseholders of oil-and-gas leases, among others, brought a
putative class action against oil-and-gas producer, alleging that defendant improperly calculated
royalties owed to plaintiffs; after this instant action was initiated, defendant filed for Chapter 11
bankruptcy. The bankruptcy court certified two settlement classes and granted plaintiffs' motion for
final approval of settlement. This court affirmed, holding that the notices for class settlements satisfied
due process. Citing Principles of Aggregate Litigation § 3.04(a), the court explained that the settlement
notices were as clear and concise as possible under the circumstances, their opt-out provisions were not
burdensome, and second opt-out requirements imposed on class members who previously opted out
were not unduly burdensome. In re Chesapeake Energy Corporation, 567 F.Supp.3d 754, 784.

§ 3.06 Approval of a Settlement Class

S.D.Tex.2021. Com. (a) quot. in sup. Leaseholders of oil-and-gas leases, among others, brought a
putative class action against oil-and-gas producer, alleging that defendant improperly calculated
royalties owed to plaintiffs; after this instant action was initiated, defendant filed for Chapter 11
bankruptcy. The bankruptcy court certified two settlement classes and granted plaintiffs' motion for
final approval of settlement. This court affirmed, holding that plaintiffs satisfied commonality
requirements for certifying proposed settlement classes. Quoting Principles of Aggregate Litigation §
3.06, Comment a, the court explained that the proposed settlement classes were satisfactorily cohesive,
because they were governed solely by singular sources of law, defendant did not raise affirmative
defenses implicating individualized extrinsic proof, and common questions of whether defendant's
alleged conduct harmed class members governed plaintiffs' claims. In re Chesapeake Energy
Corporation, 567 F.Supp.3d 754, 776.






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