Michael Jiannaras v. Mike Alfant

OPINION OF THE COURT

Pigott, J.

At issue on this appeal is a proposed settlement of class action litigation arising out of the merger of defendants On2 Technologies, Inc. and Google Inc. The proposed settlement would release and extinguish any and all damage claims relating to the merger without affording class members an opportunity to “opt out,” thereby prohibiting class members from pursuing any individual claims that are separate and apart from the class settlement. We hold that because the proposed settlement in this instance would deprive out-of-state class members of a cognizable…