Simpson v. Trump University, LLC, No. 17-55635 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's order approving a class settlement between students and Trump University. On appeal, a lone objector desired to opt out of the class and to bring her claims in a separate law suit. As a preliminary matter, the panel held that the objector had Article III standing because she had an interest in the settlement that created a case or controversy. On the merits, the panel held that the class notice did not allow a second opt-out opportunity; due process did not compel a second opt-out opportunity; and the district court did not abuse its discretion in approving the settlement.
Court Description: Objector / Class Settlement The panel affirmed the district court’s order approving a class settlement between students and Trump University over Sherri Simpson’s objections, and rejecting Simpson’s request to opt out. A lone objector, Sherri Simpson, sought to opt out of the class and bring her claims in a separate lawsuit, which would derail the settlement. The panel held that Simpson had Article III standing because she claimed that the settlement’s approval improperly denied her a second, settlement-stage opportunity to remove herself from the class, and therefore, Simpson had an interest in the settlement that created a case or controversy. The panel rejected Simpson’s argument that the class notice language provided a second opt-out right at the
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