Major Investors Opt Out of Class Actions, Pursue Larger Recoveries

Posted on February 16th, 2024 at 1:59 PM
Major Investors Opt Out of Class Actions, Pursue Larger Recoveries

From the desk of Jim Eccleston at Eccleston Law 

Large shareholders increasingly are choosing to opt out of class-action settlements, a trend that has gained momentum since a pivotal US Supreme Court ruling altered the landscape.

According to a Cornerstone Research report, a notable spike in settlements featuring opt-outs from 2019 to the first half of 2022 has disrupted a previously gradual 12-year trajectory. The report reveals that investors pursued individual or direct actions in about a third of these recent settling cases with opt-outs. Notably, a recent lawsuit against Boeing Co. over statements regarding the safety of its 737 Max aircraft reflects this emerging trend.

According to Bloomberg Law, this shift in opting out is particularly pronounced in pension funds and other institutional investors cases. These cases often involve defendants with more significant financial capacity for settlements or judgments and feature more intricate allegations compared to cases without opt-outs.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next

Jim, Stephany and the whole team were a God send.  We felt like we were put into a situation where we had no advocate. Jim’s team came in with a strong, well laid out strategy on how to get our story heard. Where our outside compliance company had no ability to help, our Broker Dealer was impenitent, and the regulators were aggressive pursuing vague rules, Jim came like a barricade against an assault we did not understand. Though you pay member dues to be affiliated with FINRA and a B/D, you have no voice. The only thing that is truly heard in this un-level playing field is a bulldog’s bark like Jim’s. I would encourage anyone to call Jim and his team to find a real ally in the tough and complicated world of securities regulation. They are truly the best.

Greg P.

LATEST NEWS AND ARTICLES

February 4, 2026
Investor Redemptions Rise in Nontraded BDCs Amid Credit Concerns

Financial advisors and their clients have increased redemptions from nontraded business development companies (BDCs) following a series of high-profile corporate bankruptcies, according to InvestmentNews. The surge highlights growing investor concern about liquidity and credit exposure within these high-yield but often risky investment ...

February 3, 2026
FINRA Accuses Spartan Capital of Widespread Churning That Allegedly Harmed Customers

The Financial Industry Regulatory Authority (FINRA) has brought a disciplinary complaint against Spartan Capital Securities and several senior leaders of the New York City–based broker-dealer, alleging that the firm facilitated excessive trading that generated millions of dollars in revenue while causing substantial losses to customers.

February 2, 2026
California Investors Allege Unsuitable DST Recommendations in FINRA Arbitration

Two investors from the San Francisco Bay Area have filed a FINRA arbitration claim against brokerage firm Realized Financial and its financial advisors.