Legal Memorandum: Consideration factors when evaluating a settlement agreement in a class action litigation

Issue: Under Illinois law, what factors does a court consider when evaluating a settlement agreement in class action litigation?

The determination of what constitutes a reasonable charge is for the finder of fact. In addition, the settlement does not purport to adjudicate any claim under any state’s law. Instead, it sets forth a negotiated settlement that will apply to all claimants who do not opt out. Furthermore, it is well-settled law in Illinois that a class action may still be maintained despite conflicting or differing state laws. See P.J.’s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 1003 (2004) (the fact that the laws of 17 states are potentially implicated here is not necessarily problematic as the trial court may simply divide the class into subclasses); see also Purcell or Wardrope Chartered v. Hertz Corp., 175 Ill. App. 3d 1069, 1074-75 (1988) (a class action may still be maintained despite conflicting or differing state laws as the court may simply choose to divide the class into subclasses).