Professional Firefighters Assoc., et al. v. Zalewski, No. 11-1817 (8th Cir. 2012)
Annotate this CaseAppellant, as counsel for a group of 64 retired city firefighters and their families, appealed the district court's approval of a class-action settlement agreement between the city and a certified class of active and retired firefighters, police officers, civilian employees, and their unions. The court held that, given the nature of the case and the potential conflict at issue, the district court did not abuse its discretion in certifying the class or by ensuring fair and adequate representation for the entire class by means other than appointing separate counsel for each subclass. The district court's conclusion that the settlement agreement was a fair, reasonable, and adequate settlement for all of the class members was well within its discretion. Finally, the court rejected appellant's argument that the district court abused its discretion under Rule 23(d) by failing to hold a special hearing on the ability of class counsel to represent the subclass. Accordingly, the court affirmed the judgment.
Court Description: Civil Case - class action settlement. Counsel for retired firefighters challenged approval of settlement of class action. District court did not abuse its discretion by certifying the class and allowing same counsel to represent both active and retired employees and otherwise ensuring fair and adequate representation for the entire class by means other than appointing separate counsel for each subclass. District court did not abuse its discretion in approving settlement and in failing to hold a special hearing on the ability of class counsel to represent the subclasses.
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