STEVEN JACK LORAN, PLAINTIFF-APPELLEE,
v.
FURR'S/BISHOP'S INC. AND MICHAEL J. LEVENSON, DEFENDANTS-APPELLEES, L.C. STRAWN, APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a class member who has not intervened as a named party lacks standing to appeal a settlement approval.
A class member objected to a proposed settlement in a securities-fraud class-action suit, requesting specific language be inserted. The objector did n…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Class Action Settlement cases and more on FLexlaw
REAVLEY, Circuit Judge:
Steven J. Loran, as class representative, proposed to settle a securities-fraud class-action suit against Furr’s/Bishop’s, Inc. and Michael J. Levinson. Class member L.C. Strawn felt that the settlement’s release provision was too broad and that the district court should insert limiting language in the settlement contract.
Strawn's attorney asked the district court for permission to appear without obtaining local counsel, and explained that Strawn “does not seek to litigate an action in this district, but merely to be permitted to state his objections to a [pending] proposed class action settlement....” Strawn never asked the court for permission to intervene as a party under Fed.R.Civ.P. 24. The district court received Strawn’s written submissions and provided Strawn a hearing, but ultimately refused to insert the language requested by Strawn.
Strawn then filed a Notice of Appeal in this court, and both parties extensively briefed the issues presented by Strawn. But we have no jurisdiction to consider an appeal by a class member who has not attempted to intervene as a named party. See Walker v. City of Mesquite, 858 F. 2d 1071, 1075 (5th Cir.1988).
DISMISSED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Raleigh v. Ill. Dep't of Revenue, 530 U.S. 15 (U.S. 2000)
Authorities Cited
- Walker v. The City OF Mesquite, 858 F.2d 1071 (5th Cir. 1988)