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In Re: The Prudential Insurance Company of America Sales Practices Litigation. Richard P. Krell, Mdl Transfer, N.D. Ohio, Dnj Civil Action No. 95-6062 v. Prudential Insurance Company of America, Richard P. Krell, as Well as Objectors Elizabeth Bajek, Amanda Bajek, Helen Bartsch, Mark Ciconte, Raymond Dolce, Margaret Dolice, Louise Duggan, Peter Duggan, Charles Duncan, Mary Howe, Mary Krell, William Morris, Diana Racer, Thomas Racer, Gweneth Reidel, the Estate of Carl J. Scalzo, Marie Scalzo, Terry Sligar, Alice Smith, Jerry Smith, and William Walton, at Nos. 97-5155/5156/5312. In Re Prudential Insurance Company America Sales Practice Litigation Agent Actions. Richard Johnson, Intervenor-Plaintiff in District Court, Richard E. Johnson, at No. 97-5217

Citations: 148 F.3d 283; 41 Fed. R. Serv. 3d 596; 1998 U.S. App. LEXIS 17057Docket: 97-5155

Court: Court of Appeals for the Third Circuit; July 23, 1998; Federal Appellate Court

Narrative Opinion Summary

This case involves the United States Court of Appeals for the Third Circuit reviewing multiple appeals related to the Prudential Insurance Company's sales practices. The litigation centered on a nationwide class action lawsuit alleging deceptive sales practices by Prudential, affecting over 8 million policyholders. The settlement proposed an alternative dispute resolution mechanism, offering compensatory damages without a cap, though excluding punitive damages. Appellants contested the district court's jurisdiction, class certification, settlement fairness, attorneys' fees, and the court's refusal to recuse itself. The district court exercised jurisdiction over federal securities claims and asserted supplemental jurisdiction over state claims, finding a common nucleus of operative fact. The court certified a national class under Rule 23(b)(3), citing commonality and predominance of issues, and deemed the settlement fair and adequate. The $90 million attorneys' fee award was vacated for recalculation, considering the multi-state task force's role. The court confirmed class certification and settlement approval, emphasizing extensive notice efforts. The matter was remanded to reassess attorneys' fees, while supplemental jurisdiction and class certification decisions were affirmed.

Legal Issues Addressed

Attorneys' Fees in Class Actions

Application: The district court vacated the $90 million attorney fee award for recalculation, considering contributions from a multi-state task force and questioning the appropriateness of the fee multiplier used in the lodestar analysis.

Reasoning: The district court's approval of class certification and the settlement was affirmed, although the $90 million attorney fee award was vacated for recalculation to consider contributions from a multi-state task force.

Class Certification under Federal Rule of Civil Procedure 23(b)(3)

Application: The court certified a national class under Fed. R. Civ. P. 23(b)(3), determining that a class action was the superior method to address widespread sales abuse, with common issues predominating over individual ones.

Reasoning: The district court appropriately exercised jurisdiction... and it properly certified a national class under Fed. R. Civ. P. 23(b)(3), evaluating numerosity, commonality, typicality, and adequacy of representation.

Fairness of Class Action Settlements

Application: The district court found the settlement fair, reasonable, and adequate, offering plaintiffs full compensation without attorney fees and a swift resolution.

Reasoning: The court determined that a class action was the superior method to address widespread sales abuse, with common issues predominating over individual ones. It found the settlement fair, reasonable, and adequate.

Jurisdiction under Federal Securities Law and Supplemental Jurisdiction

Application: The district court established subject matter jurisdiction over named plaintiffs through federal question jurisdiction related to federal securities law violations and diversity jurisdiction, asserting supplemental jurisdiction over absentee class members.

Reasoning: The district court... established subject matter jurisdiction over the named plaintiffs through federal question jurisdiction related to federal securities law violations and diversity jurisdiction, as the named plaintiffs resided in different states than the defendants.

Notice Requirements for Class Actions

Application: The court deemed the notice program comprehensive, surpassing Rule 23 and due process standards by providing individual notices and extensive publication.

Reasoning: The district court deemed the outreach program comprehensive, surpassing Rule 23 and due process standards, and addressed various objections to the notice's form and content.