Alicia J. Samolis, Partner and Chair of the Employment & Labor Practice at Partridge Snow & Hahn, was recently quoted in Massachusetts Lawyers Weekly regarding a notable ruling from the 1st U.S. Circuit Court of Appeals involving the enforceability of a class action settlement.
The First Circuit affirmed a global settlement in Mongue v. The Wheatleigh Corporation, rejecting an employer’s effort to unwind the agreement based on an alleged conflict tied to plaintiffs’ counsel representing both individual plaintiffs and the class. While the court acknowledged that concurrent representation can raise Rule 23 considerations, it concluded that the relevant inquiry at the settlement stage is whether the class received adequate representation. Here, the record showed no prejudice: each class member recovered more than their actual damages, and the notice clearly disclosed counsel’s dual role.
Samolis emphasized that the decision should not be read as diminishing the importance of evaluating potential conflicts in class litigation. “I don’t consider this to be a green light for plaintiffs’ attorneys to say, ‘I don’t have to worry about this anymore,’” Samolis said, underscoring that the outcome in this matter turned on strong recoveries and full disclosure.
To see the full interview, click here (subscription required).
