EFTA00037104.pdf

Type: pdf
Source set: data-set-8
Extracted text

Case 1:22-cv-10019-JSR Document 248-1 Filed 10/23/23 Page 1 of 5 
October 19, 2023 
Hand Delivery 
Honorable Jed S: Rakoff 
Daniel Patrick Moynihan United States Courthouse 
500 Pearl Street 
Room 1340 
New York, NY 10007 
Re: Doe v. JPMorgan Chase Bank, N.A., No. 1:22-CV-10019 (S.D.N.Y.) 
Dear Judge Rakoff: 
The Attorneys General of New Mexico, Arizona, California, Connecticut, Delaware, the 
District of Columbia, Hawaii, Illinois, Maryland, Minnesota, Mississippi, New York, Oregon, 
Pennsylvania, Tennessee, Utah, and Vermont write concerning the proposed settlement in Doe v. 
JPMorgan Chase Bank, N.A., No. 1:22-CV-10019 (S.D.N.Y.) because it contains language that 
purports to release state Attorney General parens patriae claims under Section 1595(d) of the 
Trafficking Victims Protection Act ("TVPA") for damages on behalf of trafficking victims. 
The Class Action Fairness Act of 2005 requires that settlement defendants in a class 
action serve notice of the settlement on the appropriate state officials, thereby giving them an 
opportunity to review and respond to the settlement prior to its approval. The legislative history 
of CAFA establishes "that notice of class action settlements be sent to appropriate state and 
federal officials ... so that they may voice concerns if they believe that the class action settlement 
is not in the best interests of their citizens." S. REP. 109-14, 2005 U.S.C.C.A.N. 3, 6. Case law 
also recognizes this role of state Attorneys General. See, e.g., Figueroa v. Sharper Image Corp., 
517 F. Supp. 2d 1292, 1301 n.9 (S.D. Fla. 2007) (noting role of Attorneys General in class 
settlement approval process); True v. American Honda Motor Co., 749 F. Supp. 2d 1052, 1082 
(C.D. Cal. 2010) (discussing views of state Attorneys General with respect to class action 
settlement grounded in products liability claims). Since the passage of the Act, state Attorneys 
General have successfully objected to or brought about the modification of settleme…
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