Plaintiffs’ Allegations and Assessment of the Benefits of Settlement Sample Clauses

Plaintiffs’ Allegations and Assessment of the Benefits of Settlement. JMS’s motions to dismiss, responses to written discovery, classwide pay and invoice data provided by JMS to Class Counsel, and positions taken by JMS during mediation, subsequent negotiations, and negotiation over the Term Sheet, have given Plaintiffs as Class Representatives and Class Counsel a sound understanding of the merits of the case and enough information to evaluate the strengths and weaknesses of the Claims and the benefits of the Settlement to the Class. Plaintiffs as Class Representatives and Class Counsel believe that the Claims, causes of action, allegations, and contentions asserted in the Action have significant merit. However, Plaintiffs as Class Representatives and Class Counsel recognize and acknowledge the expense and delay of continued lengthy proceedings necessary to prosecute the Action against JMS through trial and appeals, including, without limitation, the likely expense to be incurred in connection with depositions, expert witnesses, summary judgment proceedings, and trial. Class Counsel and the Plaintiffs as Class Representatives have considered the uncertain outcome and risk attendant to any litigation matter; the risk of continued litigation in complex actions such as this, as well as the difficulties and delays inherent to such litigation; the potential difficulty of certifying certain of the Claims, and, if certified, keeping the claims certified through trial. Class Counsel is mindful of the risks inherent for adjudication on a classwide basis, and certain challenges of proof under, and possible defenses to, the Claims alleged in the Action. The Plaintiffs as Class Representatives and Class Counsel believe that the Settlement as reflected in this Final Settlement Agreement confers substantial benefits upon the Class and that an independent review of this Final Settlement Agreement by the Court in the approval process will confirm this conclusion. Based on their own independent investigation and evaluation, Class Counsel, being experienced in class action litigation matters of this type, has determined that the Settlement as reflected in the Final Settlement Agreement is in the best interests of the Plaintiffs and the Class Members.
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Related to Plaintiffs’ Allegations and Assessment of the Benefits of Settlement

  • STATEMENT OF MUTUAL BENEFIT AND INTERESTS   In consideration of the above premises, the parties agree as follows:

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