Duane Morris Class Action Review - 2023 - Report - Page 187
A review of the settlement trends shows a significant upward progression in the years
since the Supreme Court decided Wal-Mart in 2011. An explanation of this
phenomenon, at least in part, is that the plaintiffs’ bar adapted to the new legal
standards required under Wal-Mart, and successfully forged new strategies to certify
and then monetize their class action filings. In 2019, the top ten settlements totaled
$139.2 million, $216.09 million in 2018, $293.5 million in 2017, $79.61 million in 2016,
$295.57 million in 2015, $227.93 million in 2014, and $234.1 million in 2013.
The settlement numbers for 2022 show that the plaintiffs’ class action bar has rebooted
their class certification approaches to steer around Wal-Mart in a manner that spiked
three consistent years of the highest settlement values since the Supreme Court’s ruling
in 2011.
In 2022, the top ten settlements were clustered in California (three settlements), New
York (three settlements), Illinois (two settlements), Pennsylvania (one settlement), and
Ohio (one settlement). The settlements emanated from nine gender discrimination class
actions and one religious discrimination class action.
1. $175 million – Jock, et al. v. Sterling Jewelers, Inc., No. 11-160-655-11
(A.A.A. Nov. 15, 2022) (settlement approval granted for a class action alleging
gender discrimination in pay and promotions).
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© Duane Morris LLP 2023
Duane Morris Class Action Review – 2023
