Steven Nakash v. Nvidia Corporation

Good Law
539 F. App'x 822
United States Court of Appeals for the Ninth CircuitSeptember 4, 201311-15186, 11-15190, 11-15191, 11-15192California1,073 words

Opinion

Opinion

MEMORANDUM

This is a nationwide class action involving claims by purchasers of computers containing allegedly defective graphics processing units designed and sold by Defendant NVIDIA Corporation. The district court approved a settlement and awarded attorney fees. Nine objectors timely appeal. We affirm.

1. The district court did not abuse its discretion, Radcliffe v. Experian Info. Solutions Inc., 715 F.3d 1157, 1162 (9th Cir.2013), in approving the settlement. Claimants whose computers exhibit problems can receive replacement computers or motherboards or be reimbursed for the costs of repairing their computers. Accordingly, the settlement provides “fundamentally fair, adequate and reasonable” relief. Torrisi v. Tucson Electric Power Co., 8 F.3d 1370, 1375 (9th Cir.1993) (internal quotation marks omitted).

(a) Some objectors argue that the district court abused its discretion in approving a settlement that provides no remedy to class members who discarded their defective computers or who bought replacements. But such members could opt out to preserve their claims. Additionally, class members who discarded computers could pursue relief through other litigation under Amendment 3…

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