Highlights from this issue include:

• Class Action Settlements. The Second Circuit vacated a class action settlement for failing to adequately consider the allocation of recovery between class counsel ($3.1 million) and the class ($1 million) before approving the settlement.
• Class Action Standing. The Fifth Circuit adopted the “class certification approach” to standing. Under this approach, the court evaluates only a named plaintiff's individual standing and leaves the question of whether the named plaintiffs have representative capacity to assert the rights of others until the class certification inquiry.