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Tag Archives: In re Celera Corp. Shareholder Litig.

Can Members of a Mandatory Class Action Opt Out?

Posted in Adequacy, Class Action Settlements, Rule 23(b)(1), Rule 23(b)(2)

A recent decision from the Delaware Supreme Court is a reminder that the members of a mandatory class—one in which the class isn’t guaranteed opt-out rights—sometimes may be given the right to opt out in order to pursue their own individual actions. The decision, In re Celera Corp. Shareholder Litigation (pdf), addressed a class settlement of… Continue Reading