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Bloomberg Quotes Trask on 2017 Fairness in Class Action Litigation Act

February 24, 2017

Los Angeles – Century City senior counsel Andrew Trask was quoted in a Feb. 16 article published by Bloomberg BNA’s Class Action Litigation Report regarding new class-action legislation under consideration in the U.S. House of Representatives. An earlier version passed the House in January 2016 but stalled in the Senate.

Trask, who has testified on behalf of Lawyers for Civil Justice in support of the earlier version of the bill, told Bloomberg that reforms are aimed at ensuring absent class members are compensated and that the defense bar does not use delay of payment to class attorneys as a strategy.

“If there’s an actual class action that deserves to get paid out, I don’t think anybody minds how the attorneys get paid, provided it is a rational fee related to the amount that the class actually receives,” Trask said. “I haven’t heard anyone on the defense side talk about delay of payment as a strategic use either in an individual case or as a macro strategy for reform.”

The bill would tighten class-certification requirements, cap or delay payment of class counsel’s fees, require disclosure of litigation financing, tie reporting of settlement data to plaintiffs’ attorneys’ fees, and make changes to multidistrict litigation procedures.