A recent objection by the U.S. Department of Justice to a proposed class action settlement in Cowen v. Lenny & Larry’s Inc. may be an indication that the DOJ will be scrutinizing future settlements for the benefits to the class members. The DOJ argued in its objection that the bulk of the benefit from the settlement will go to the general public (in the form of free cookies) and to class counsel (in the form of cash) rather than the class members, rendering the settlement “fatally lopsided.”
The DOJ’s objection to this particular settlement could provide insights into how class settlements could trigger unfavorable DOJ attention moving forward.
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 Cowen v. Lenny & Larry’s Inc., No. 1:17-cv-01530 (N.D.Ill.)