Summary
This order from the United States District Court for the Southern District of New York approves a proposed class action settlement between plaintiff authors and defendant Cengage Learning, Inc. The court certifies a settlement class comprising authors whose royalty-bearing works were distributed via Cengage's digital platforms and determines the settlement terms are fair, reasonable, and adequate under Federal Rule of Civil Procedure 23. The order confirms proper notice was provided, no objections were received, and the distribution plan is approved.
Topics
Practice areas
Questions Presented
- Whether the proposed settlement complies with Rule 23 of the Federal Rules of Civil Procedure and is fair, reasonable, and adequate for class certification
- Whether the notice provided to class members satisfied due‑process requirements
Holdings
- The Court certifies the Settlement Class and fully approves the settlement as fair, reasonable, and adequate within the meaning of Rule 23.
- The notice complied in all respects with Rule 23 and due process and constituted the best practicable notice under the circumstances.
Key quotations
“The Notice given to potential Settlement Class Members complied in all respects with the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, constituted the best notice practicable under the circumstances, and constituted due and sufficient notice to all persons and entities entitled thereto.”
“The Settlement is fully and finally approved because its terms are fair, reasonable, and adequate within the meaning of Rule 23 of the Federal Rules of Civil Procedure.”
Factual background
The plaintiffs are authors of royalty‑bearing works who entered publishing agreements with Cengage Learning, Inc. They sought a class action settlement covering all such authors whose works were sold as part of MindTap products or made available on Cengage Unlimited. The settlement was negotiated with the assistance of a mediator and was uncontested by Cengage.
Procedural history
Plaintiffs entered into a settlement with Defendant Cengage Learning, Inc. The Court previously issued a Preliminary Approval Order and subsequently considered the plaintiffs' motion for final approval and class certification, oral argument at a fairness hearing, and the record.