The following excerpt is from Hunt v. Perryman (In re Easysaver Rewards Litig.), No. 16-56307 (9th Cir. 2018):
7. Thus, even if abuse of discretion review rather than de novo review applies, see supra n.5, we must reverse. As explained below, see supra n.8, the district court lacked support for its conclusion that this settlement was comparable to In re Online DVD in terms of how many items class members could purchase. Because that was the only factor the district court identified as supporting its decision that would be relevant under the correct legal standard, and because that factor lacks evidentiary support, there are no factors remaining that might weigh in favor of categorizing the credits as coupons. Accordingly, there is no need to provide the district court an opportunity to reevaluate whether the credits qualify as coupons. See Apache Survival Coalition v. United States, 21 F.3d 895, 906-07 (9th Cir. 1994) (explaining that we need not remand where the district court abused its discretion by applying the incorrect legal standard if there are no underlying factual disputes and it is in the interest of judicial economy to decide the issue on appeal).
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