Class Certified for Settlement Purposes Only. The Defendant contends that this Litigation, and each of the respective classes alleged therein, could not be certified as a class action under Federal Rules of Civil Procedure, Rule 23 for trial purposes. Nothing in this Settlement Agreement shall be construed as an admission by Defendant that this Litigation or any similar case is amenable to class certification for trial purposes. Furthermore, nothing in this Settlement Agreement shall prevent Defendant from opposing class certification or seeking de-certification of the conditionally certified tentative Expungement Settlement Class, Source Settlement Class, or Chart Settlement Class if final approval of this Settlement Agreement is not obtained, or not upheld on appeal, including review by the United States Supreme Court, for any reason, or if any of the conditions exist that permit Defendant to terminate this Settlement Agreement in accordance with Section 11.
Class Certified for Settlement Purposes Only. Nothing in this Amended Settlement Agreement shall be construed as an admission by Settling Defendants that this Litigation or any similar case is amenable to class certification for trial purposes. Furthermore, nothing in this Amended Settlement Agreement shall prevent Settling Defendants from opposing class certification or seeking de-certification of the conditionally certified Settlement Class if, for any reason, the Amended Settlement Agreement is terminated or Final Judgment is not obtained or not upheld on appeal, including review by the United States Supreme Court.
Class Certified for Settlement Purposes Only. Defendant contends that this Litigation, and each of the respective classes alleged therein, could not be certified as a class action under Federal Rules of Civil Procedure, Rule 23, for trial purposes. Nothing in this Settlement Agreement shall be construed as an admission by Defendant that this Litigation or any similar case is amenable to class certification for trial purposes. To the contrary, Defendant and its affiliates believe that certification of the Settlement Class through a contested motion for class certification in the non-settlement context would be improper. Further, nothing in this Settlement Agreement shall prevent Defendant from opposing class certification or seeking de-certification of the conditionally-certified, tentative Settlement Class if final approval of this Settlement Agreement is not obtained, or not upheld on appeal, including review by the United States Supreme Court, for any reason, or if any of the conditions exist that permit Defendant to terminate this Settlement Agreement in accordance with Section 7.
Class Certified for Settlement Purposes Only. CACi disputes that the elements of Federal Rule of Civil Procedure 23 are satisfied for purposes of a litigation class, disputes that a litigation class would be manageable, and denies that any litigation class may be certified in this Litigation. However, solely for purposes of avoiding the expense and inconvenience of further litigation, CACi does not oppose certification of the Rule 23(b)(2) Settlement Class and Rule 23(b)(3) Settlement Class for settlement purposes only. No statements, representations, or agreements made by CACi in connection with the Settlement may be used to establish any of the elements of class certification, other than for settlement purposes. Further, nothing in this Settlement Agreement shall prevent Defendant from opposing class certification or seeking de-certification of the conditionally certified tentative Rule 23(b)(2) Settlement Class and Rule 23(b)(2) Settlement Class if any court concludes that this settlement may not be approved.
Class Certified for Settlement Purposes Only. The certification of the Settlement Class, and the appointment of Class Counsel for settlement purposes only under this Agreement, shall not constitute in the Underlying Actions or any other proceeding, an admission by NNA of any kind or a determination that certification of a class or subclass for trial purposes is appropriate or proper, or that appointment of Class Counsel for trial purposes is appropriate or proper. In the event that the Agreement is not approved by the Court, or if the Agreement does not become final, is terminated or canceled, fails to become effective in accordance with its terms, or otherwise is rendered null and void, the certification of the Settlement Class and appointment of Class Counsel shall automatically be vacated, and the Parties shall be restored to their respective positions in the Underlying Actions before the Agreement was signed, and the Parties shall proceed in all respects as if this Agreement and any related orders had not been entered.
Class Certified for Settlement Purposes Only. Nothing in this Agreement shall be construed as an admission by the Released Entities that the Actions are or any similar case is amenable to class certification for trial purposes or any purposes other than for implementation of the terms of this Agreement. Furthermore, nothing in this Agreement shall prevent Defendants from opposing class certification or seeking de-certification of the certified Settlement Class if the Court does not grant Final Approval of this Agreement, or Final Approval is not upheld on appeal for any reason. The certification of the Settlement Class shall not be treated as the adjudication of any fact or issue for any purpose other than this Agreement and shall not be considered as law of the case, res judicata, or collateral estoppel in any other proceeding, until the Agreement reaches the Effective Date.
Class Certified for Settlement Purposes Only. Defendant contends that this Litigation, and each of the respective classes alleged therein, could not be certified, for trial purposes, as a class action under Federal Rule of Civil Procedure
Class Certified for Settlement Purposes Only. Nothing in this Settlement Agreement shall be construed as an admission by the Released Entities that the Pet Food Recall Litigation or any similar case is amenable to class certification for trial purposes or any purposes other than for implementation of the terms of this Settlement Agreement. Furthermore, nothing in this Settlement Agreement shall prevent Defendants from opposing class certification or seeking de-certification of the certified Settlement Classes if Final Approval of this Settlement Agreement is not obtained in the MDL Court or in any of the Canadian Courts, or not upheld on appeal, including review by any appellate court in the United States or Canada, for any reason. The certification of the Settlement Class shall not be treated as the adjudication of any fact or issue for any purpose other than this Settlement Agreement and shall not be considered as law of the case, res judicata, or collateral estoppel in any other proceeding. Until and unless the Settlement Agreement reaches the Effective Date, the certification of the Settlement Class shall not be treated as the adjudication of any fact or issue and shall not be considered as law of the case, res judicata, or collateral estoppel in this proceeding.
