In Re Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Products Liability Litigation

CHERTOFF, Circuit Judge.

This appeal arises out of the settlement of a complex multidistrict federal mass tort class action. As part of the complicated settlement agreement, class members were entitled to opt out at various stages. Those who chose to opt out initially were freed to pursue their remedies elsewhere. Those who did not opt out at the beginning were afforded opportunities to opt out “downstream” at an intermediate stage or at the “back-end.” But those downstream opt-out rights were not absolute. Rather, members who elected to delay an opt-out beyond the initial stage were informed…