Michael C. McCutcheon


By reversing a previously approved class action settlement, the Seventh Circuit’s holding in the recent case of Eubank v. Pella Corp., 2014 U.S. App. LEXIS 10332 (7th Cir. Ill. June 2, 2014) illustrates the potential ethical and practical dangers of negotiating class action settlements with overly self interested class counsel. Calling the settlement “inequitable—even scandalous,” (Id. at 9) Judge Richard Posner roundly criticized the purported $90 million settlement agreed to by Pella, a window manufacturer,…