In re BankAmerica Corp. Securities Litigation

350 F.3d 747 (2003)

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In re BankAmerica Corp. Securities Litigation

United States Court of Appeals for the Eighth Circuit
350 F.3d 747 (2003)

Facts

NationsBank merged with BankAmerica to form Bank of America. NationsBank investors and BankAmerica investors (plaintiffs) filed securities-fraud class actions against Bank of America (defendant) to recoup losses allegedly resulting from misrepresentations about the merger. The class actions were consolidated. A seven-member group was appointed to serve as lead plaintiffs for the class of NationsBank investors. A six-member group was appointed to serve as lead plaintiffs for the class of BankAmerica investors. A global settlement was reached at a mediation and submitted to the district court for approval. The district court presided over the complex class actions and was fully familiar with the strengths and weaknesses of the claims. Three members of the lead plaintiff group for the class of NationsBank investors (objecting members) opposed the proposed settlement, arguing that the proposed settlement was too low and that the lawyers involved in the mediation were not authorized to settle. Following a hearing, the district court approved the settlement as fair and reasonable and noted that the objecting members had unrealistic expectations about the settlement value of the class actions. The objecting members appealed.

Rule of Law

Issue

Holding and Reasoning (Melloy, J.)

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