Tuesday, February 06, 2018

Simpson v. Trump University (9th Cir. - Feb. 6, 2018)

The district court's approval of the $25 million class action settlement against Trump University gets affirmed by the Ninth Circuit this morning.  Not surprisingly.

The best part of the opinion, IMHO, is footnote four.  The objector to the settlement made various arguments in the district court, including a very non-frivolous argument that the short form notice seems to provide (in a parenthetical) that class members would get a second opportunity to opt out after any settlement.  The Ninth Circuit held that even though that parenthetical might well be read in such a fashion, viewed as a whole, the notice didn't really say that, and there was only opportunity for a single opt-out election.

Here's footnote four:

"Plaintiffs repeatedly characterize Simpson’s argument as “attorney-manufactured.” The timeline and evolution of her objection support that assertion, but our court would have little work to do without creative arguments “manufactured” by zealous attorney advocates."

Love it.