Related Content. Inseveral individuals filed a consolidated amended class action complaint against Netflix and Walmart challenging as anticompetitive the defendants' agreement to divide up the DVD-related business. Plaintiffs alleged that as a result of Walmart's agreement to leave the rental business of DVDs, Netflix charged its customers unfairly high monthly subscription prices.
Riscount class of Agree, stationery sale subject paper the subscribers then reached a doupon agreement with Walmart.
The court conditionally approved the Netflix settlement class and also gave preliminary approval of the settlement agreement. The amount withoout constituted the gift card component, which was used to provide class members with either gift cards or the cash equivalent of a gift card buy a discount coupon settled without at the Walmart website.
In Marchthe district court granted final approval of the class settlement and awarded attorneys' fees. The district court rejected all objections to the settlement and approved:. Six objectors timely appealed the district court's approval of the settlement and their appeals were consolidated. The objectors argued, among other things, that the Walmart gift cards are coupons that fall under CAFA's special provisions for restricting attorneys' fees in coupon settlements 28 U.
As a result, the objectors asserted that the district court erred buy a discount coupon settled without calculating the http://darude.online/buy-iphone-discount/closeout-everybody-shoes.php award as a percentage bhy the overall settlement fund rather than the withour of the gift cards that were actually redeemed. The Ninth Circuit affirmed. In reaching its decision, the appellate court held, among other things, that:.
The district court did not abuse its discretion in certifying the settlement class under FRCP 23 a http://darude.online/buy-iphone-discount/buy-iphone-discount-walked-around.php b. Bu district court did not err in approving the settlement because:. The district court provided adequate notice to the class of the attorneys' fee petition and an adequate explanation of its rationale.
Notably in affirming the attorneys' fee award, the Ninth Circuit found that the portion of the settlement to be paid in Walmart gift cards buy a discount coupon settled without not a "coupon settlement" within the meaning of CAFA. The buy a discount coupon settled without court reasoned that CAFA's legislative history and district courts' decisions support this finding for several reasons, including because:. The gift cards had value to class members, allowing them to purchase a large number of products from a large retailer.
The class members therefore received more flexibility to purchase items than coupon wtihout. The gift cards did not require riscount to spend their own money. The claimants in this case had the option of obtaining cash instead of a gift card. The gift cards were freely transferrable and did not expire. Practical Law.