Thursday, August 25, 2011
Sirius XM settlement approved
Judge Baer approved the $0 Blessing v. Sirius XM settlement and $13 million fee award yesterday. The decision contradicts (and ignores) Bluetooth, Aqua Dots, and the Class Action Fairness Act (which applies to "coupons" and not just "coupons 'to purchase something [class members] might not otherwise purchase'"), and applied the wrong standard of law in creating an essentially irrebuttable presumption of fairness for the settlement. So we'll have an interesting appeal to the Second Circuit, which will either have to reverse or create a circuit split.