Following the Sixth Circuit Court of Appeals’ determination that class claims alleging the misrepresentation of safety information against a motorcycle helmet manufacturer had been sufficiently pleaded to survive the U.S. Supreme Court’s plausibility pleading standard, the parties have agreed to settle the dispute. Fabian v. Fulmer Helmets, Inc., No. 09-cv-02305-STA-dkv (U.S. Dist. Ct., W.D. Tenn., W. Div., settlement reached April 11, 2012). Additional information about the Sixth Circuit’s ruling appears in the January 6, 2011, issue of this Report.
Under terms of the proposed agreement, a settlement class will be certified, and each class member may opt to either receive a new motorcycle helmet or a cash payment of $25. The defendant, which continues to deny liability, has also agreed to pay class counsel $415,000 for fees and expenses as well as an incentive payment of $2,500 to the named plaintiff.