Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog.

On November 5, 2013, a California federal district court preliminarily approved a revised coupon-based class action settlement agreement between plaintiffs and OfficeMax (see Order Granting Preliminary Approval of Revised Class Action Settlement Agreemeent). As reported here in September, the court rejected a prior proposed settlement between the plaintiffs, who had accused OfficeMax of illegally recording customer zip codes, and OfficeMax on the ground that the agreement violated the Class Action Fairness Act (CAFA) because the calculation was based on the issuance of merchandise vouchers that might never be redeemed.

The revised agreement, still based on a voucher payout, reserves a final decision on attorney fees until the vouchers actually have been redeemed.  A final approval hearing is scheduled for March 2014.

Judy Selby

Judy Selby has more than 20 years of experience in large scale first- and third-party complex insurance coverage matters, providing a full range of services from opinion work, claims counseling, broker liability, settlement negotiations, arbitration and all phases of litigation. She also has…

Judy Selby has more than 20 years of experience in large scale first- and third-party complex insurance coverage matters, providing a full range of services from opinion work, claims counseling, broker liability, settlement negotiations, arbitration and all phases of litigation. She also has given presentations about U.S. insurance coverage litigation to international insurance companies, lectured on the Bermuda Form insurance policy and publishes frequently on cyber insurance for data breaches. She also has successfully negotiated insurance coverage for class action lawsuits, avoiding the need for litigation.