Final Approval Granted for Settlement in Fusion Elite All Stars et al. v. Varsity Brands, LLC

On October 4, 2023, Chief Judge Sheryl H. Lipman of the Western District of Tennessee granted final approval of the settlement reached in Fusion Elite All Stars et al. v. Varsity Brands, LLC et al., Case No. 2:20-cv-02600-SHL-cgc  (W.D. Tenn.). The settlement achieves monetary relief of $43.5 million, along with significant structural reforms to Varsity Defendants’ and Defendant USASF’s practices.  The lawsuit involved allegations that the Varsity Defendants monopolized the All Star Cheer competition market and conspired with Defendant USASF to achieve that monopoly. The settlement will reimburse classes consisting of All Star gyms who attended Varsity’s competitions, and spectators at Varsity’s All Star competitions, all over the country. The settlement had no objectors. The Court found that notice was successful, that the allocation plan was fair and reasonable and that the settlement met the Rule 23(e)(2) factors. In granting final approval of the settlement Chief Judge Lipman commented that:

“There is no question as to the skill and efficiency of Class Counsel for the DPPs have demonstrated their experience and capability in prosecuting antitrust class actions; they have dedicated millions of dollars and spent a significant amount of time in and out of the courtroom litigating on behalf of the proposed Settlement Classes for nearly three years. All attorneys have handled matters with extreme professionalism, expediency, and competency”.

The Court also certified the Gym and Spectator settlement classes and certified Cuneo Gilbert & LaDuca, LLP, Berger Montague PC and Dicello Levitt LLP as Co-Lead Counsel for the Settlement Classes. CGL takes great pride in the resolution of this hard-fought case.