Legal Opinion

Syncor Erisa Litigation v. Cardinal Health, Inc.

Court of Appeals for the Ninth Circuit

Decided February 19, 2008No. 06-55265PublishedCited by 184 opinions

1Opinion of the Court

N.R. SMITH, Circuit Judge:

We hold that, when parties (1) enter into a binding class action settlement agreement, which requires court approval pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, and (2) provide the required notice of the settlement to the district court prior to the district court’s entry of the final judgments, the district court should hold a hearing and review the settlement agreement to determine if it is fair, reasonable, and adequate. See Fed.R.Civ.P. 23(e)(2). Failure to do so — even when the district court has already drafted a summary judgment order — is…

2Cases cited10 opinions

  1. Walter Bateman v. United States Postal Service William J. Henderson, 1 Postmaster General, and Aaron Johnson Ben Fukumitsu David Burns Jose MallariCourt of Appeals for the Ninth Circuit · 2000
  2. 29 Fair empl.prac.cas. 1473, 30 Empl. Prac. Dec. P 33,064 the Officers for Justice, and Jesse J. Byrd v. The Civil Service Commission of the City and County of San Francisco, United States of America v. The City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 1982
  3. Moench v. RobertsonCourt of Appeals for the Third Circuit · 1995
  4. United States v. WashingtonCourt of Appeals for the Ninth Circuit · 2005
  5. Wright v. Oregon Metallurgical Corp.Court of Appeals for the Ninth Circuit · 2004

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3Cited by184 opinions

  1. Caitlin Ahearn v. Hyundai Motor AmericaCourt of Appeals for the Ninth Circuit · 2019
  2. Robert Briseno v. Conagra Foods, Inc.Court of Appeals for the Ninth Circuit · 2021
  3. O'Connor v. Uber Technologies, Inc.District Court, N.D. California · 2016
  4. Margie Bedolla v. Labor Ready Southwest, Inc.Court of Appeals for the Ninth Circuit · 2015
  5. Ehrheart v. Verizon WirelessCourt of Appeals for the Third Circuit · 2010

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