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Class Action

Motion for Preliminary Approval of Settlement

Drafting motions for preliminary approval requires synthesizing complex settlement terms, researching jurisdiction-specific Rule 23(e) standards, and crafting persuasive arguments across multiple sections. Attorneys typically spend 6-8 hours reviewing settlement agreements, researching case law, formatting captions, and ensuring compliance with local rules—time that could be spent on strategy and client counseling.

Automation ROI

Time savings at a glance

Manual workflow6.5 hoursAverage time your team spends by hand
With CaseMark12 minutesDelivery time with CaseMark automation
EfficiencySave 32.5x time with CaseMark

The Problem

Drafting motions for preliminary approval requires synthesizing complex settlement terms, researching jurisdiction-specific Rule 23(e) standards, and crafting persuasive arguments across multiple sections. Attorneys typically spend 6-8 hours reviewing settlement agreements, researching case law, formatting captions, and ensuring compliance with local rules—time that could be spent on strategy and client counseling.

The CaseMark Solution

CaseMark analyzes your settlement agreement and case documents to generate comprehensive preliminary approval motions with jurisdiction-specific formatting, relevant case law citations, and persuasive arguments. The platform automatically structures all required sections, pulls key terms from your settlement, and verifies legal standards—delivering court-ready drafts in minutes instead of hours.

Key benefits

How CaseMark automations transform your workflow

Generate complete 9-section motions in 12 minutes vs. 6+ hours manually

Automatic extraction of settlement terms and case facts from uploaded documents

Jurisdiction-specific caption formatting and Rule 23(e) legal standards

AI-powered case law research with verified citations from official sources

Comprehensive notice plan and administration sections with best practices

What you'll receive

Caption and Title
Introduction
Background and Procedural History
Settlement Terms
Legal Standards for Preliminary Approval
Argument for Approval
Proposed Notice and Administration
Conclusion and Prayer for Relief
Signature and Verification

Document requirements

Required

  • Settlement Agreement
  • Case Docket or Complaint

Optional

  • Discovery Materials
  • Prior Court Orders
  • Notice Plan Documents
  • Supporting Declarations

Perfect for

Class Action Litigator
Plaintiff's Attorney
Defense Counsel
Litigation Paralegal
Complex Litigation Associate
Settlement Administrator

Also useful for

This workflow is applicable across multiple practice areas and use cases

Securities fraud class actions require preliminary approval motions for settlements under federal securities laws, with detailed notice to shareholders and claims administration procedures.

Securities litigation is one of the most common areas for class action settlements, requiring sophisticated preliminary approval motions that address Rule 23(e) factors, PSLRA requirements, and complex notice plans to reach investor classes.

Employment class actions involving wage and hour claims, discrimination, or ERISA violations require preliminary approval motions with identical Rule 23(e) requirements and settlement notice procedures.

Employment litigation frequently involves class action settlements for wage theft, misclassification, and discrimination cases that require the same preliminary approval process, notice plans, and Rule 23(e) compliance as other class actions.

Data breach class actions require preliminary approval motions for settlements involving credit monitoring, identity theft protection, and monetary compensation to affected consumers under privacy laws.

Data privacy litigation frequently results in class action settlements requiring Rule 23(e) preliminary approval, with specialized notice requirements to reach affected data breach victims and detailed administration plans for distributing settlement benefits.

Personal Injury78% relevant

Mass tort and product liability cases often proceed as class actions requiring preliminary settlement approval motions for pharmaceutical injuries, defective products, or environmental exposure claims.

Personal injury attorneys handling mass torts and product liability class actions need to draft preliminary approval motions with settlement terms, notice plans, and Rule 23(e) arguments for court approval of class-wide settlements.

Patent infringement and copyright class actions involving consumer products or software require preliminary approval motions for settlements with class-wide licensing or monetary relief.

IP litigation involving consumer classes (such as patent troll cases or copyright infringement affecting end users) requires preliminary settlement approval with Rule 23(e) compliance and notice to affected class members.

Frequently asked questions

Q

What documents do I need to upload to generate a preliminary approval motion?

A

At minimum, you need your settlement agreement and the original complaint or case docket. CaseMark extracts key terms, party information, and case history from these documents. Optional materials like discovery, prior orders, and notice plans enhance the motion's detail and persuasiveness.

Q

Does the motion include jurisdiction-specific legal standards and case law?

A

Yes. CaseMark automatically researches and applies the appropriate Rule 23(e) standards or state-specific equivalents for your jurisdiction. The platform cites relevant case law from official sources and formats captions according to local court rules, ensuring compliance with your court's requirements.

Q

How does CaseMark handle the settlement terms section?

A

CaseMark analyzes your uploaded settlement agreement and automatically extracts key provisions including monetary relief, injunctive terms, allocation formulas, and class definitions. The platform organizes these terms into a clear, court-ready summary that highlights the settlement's fairness and reasonableness.

Q

Can I customize the motion after CaseMark generates it?

A

Absolutely. CaseMark produces a comprehensive first draft that you can edit, refine, and tailor to your specific case strategy. The platform handles the time-consuming research and structural work, giving you a strong foundation to customize with case-specific arguments and emphasis.

Q

How long does it typically take to prepare a preliminary approval motion manually?

A

Most attorneys spend 6-8 hours drafting preliminary approval motions, including time for reviewing settlement terms, researching legal standards, finding supporting case law, and formatting multiple sections. CaseMark reduces this to approximately 12 minutes for initial generation, plus your review time.

Q

Does the motion include the proposed notice plan and administration procedures?

A

Yes. CaseMark generates a complete section detailing class notice procedures, opt-out mechanisms, claims processes, and administration timelines. The platform incorporates best practices from bar associations and legal resources to ensure your notice plan meets due process requirements and court expectations.

Q

What if I need to argue for class certification as part of preliminary approval?

A

CaseMark includes arguments addressing class certification requirements within the motion's approval section. The platform analyzes your case documents to address numerosity, commonality, typicality, and adequacy factors, integrating these arguments with the settlement's fairness analysis as courts often consider both issues together.