David Barger

This GT Newsletter summarizes recent class-action decisions from across the United States. • Second Circuit affirms denial of a motion to compel arbitration when plaintiff received notice after the transaction through a “welcome kit,” which did not make the terms clear and conspicuous. • Second Circuit reminds district courts that class settlement approval under CAFA requires them to consider allocation of recovery between class counsel and the class.

I had just taken my nightly dose of medication As I waited for the effects to sit in, And decided to go outside Out into the neighboring slumber To sit while smoke filled my lungs. The toenail shaped moon Hovered low with its infested orange glow Embellished by a perpetual, Even faintly, off cast of the same aura. My eyes wandered in wonder Peeking through the distant homes Seeking those who fought sleeplessness, And there were a few lights still burning On past the midnight shine.

The smallest infringement is a ruse Where I am entertained in laughter, And tied by the bonds of sorrow, But where is my enlightenment That kindles each parting gift released? Where then is my muse?