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Class Action – Jurisdiction

7th Circuit Court of Appeals

Case Name: Jason Douglas v. The Western Union Company, et al.

Case No.: 19-1868

Officials: BAUER, KANNE, and SYKES, Circuit Judges.

Focus: Class Action – Jurisdiction

Appellant Bethany Price objected to a proposed class‐action settlement, but the district judge ruled that she was not a class member and she did not contest that ruling. Price then sought attorney’s fees and an incentive award for objecting. The judge denied her requests because as a nonclass member, she had no standing to object or to receive fees or an award. Price appeals the denial of her fee and award requests, arguing that nonclass members can be compensated for objecting. Because Price does not challenge the ruling that she is not a class member, we conclude that she is not a party and lacks standing to appeal. Thus we dismiss the appeal for lack of appellate jurisdiction.

Dismissed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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