Legal Opinion

Theodore H. Frank v. Netflix, Inc.

Court of Appeals for the Ninth Circuit

Decided February 27, 2015No. 12-15705, 12-15889, 12-15957, 12-15996, 12-16010, 12-16038PublishedCited by 317 opinions

1Opinion of the Court

OPINION

THOMAS, Chief Judge:

In this appeal, class members challenge the district court’s approval of a settlement between Walmart 1 and a class of Netflix DVD subscribers arguing, among other matters, that the gift card portion of the settlement constituted a coupon settlement within the meaning of the Class Action Fairness Act (“CAFA”), Pub.L. No. 109-2, 119 Stat. 4 (2005). We hold that the settlement was fair and that the fee award was proper, and we affirm the district court.

I

Before its focus changed to streaming video, Netflix’s primary business was renting DVDs to subscribers online and…

2Cases cited37 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
  3. City of Burlington v. DagueSupreme Court of the United States · 1992
  4. Hanlon v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 1998
  5. Kerr v. Screen Extras Guild, Inc.Court of Appeals for the Ninth Circuit · 1975

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3Cited by317 opinions

  1. Caitlin Ahearn v. Hyundai Motor AmericaCourt of Appeals for the Ninth Circuit · 2019
  2. Sarah Murphy v. Sfbsc Management, LLCCourt of Appeals for the Ninth Circuit · 2019
  3. O'Connor v. Uber Technologies, Inc.District Court, N.D. California · 2016
  4. Selk v. Pioneers Memorial Healthcare DistrictDistrict Court, S.D. California · 2016
  5. Jane Doe v. Deja Vu Consulting, Inc.Court of Appeals for the Sixth Circuit · 2019

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