2nd Circuit: Class Member’s Loss Of Opt-Out Rights Was Caused By Her Counsel

Mealey's ( May 3, 2023, 1:29 PM EDT) -- NEW YORK — A member of a class that settled claims of scalp irritation and hair loss with Deva Concepts LLC failed to show that the trial court abused its discretion when it denied her untimely motion to be excluded from the settlement, a Second Circuit U.S. Court of Appeals panel ruled, opining that the class member’s own counsel’s errors were to blame....