If case dismissed in class action, but class reps decided to keep you w/ lower compensation, can you still object to settlement?

Class action question
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Daniel Malis

Daniel Malis

Contributor Level 5
I'm not licensed to practice in Texas, and you would need to run this answer by a local attorney. Here's some general principals concerning class action to guide your questions, if this is at all helpful:

I'm assuming that the reason that your case was 'dismissed' was that there was an overall settlement of the class action that was approved by the court, with subsequent dismissal. There are generally two stages in which a victim can 'opt out' of a class and decide to pursue a claim locally, if a class was certified (approved by the court): (1) when the class is certified, notice to potential claimants is usually published by media, and actual claimants known to the court are given specific notice, with the opportunity not to be part of the class; and (2) prior to approval of the settlement. If you did not opt out of the class, you may be limited to the settlement amount received.

Obviously, this answer will depend upon the matter involved; the particular class you were a member of; and the terms of settlement, and these will require review by a lawyer intimately familiar with Texas law and procedure. You might start by discussing this with the actual class counsel, and, if dissatisfied with the response you receive, move on to other counsel from there.
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