Plaintiff’s Belief in the Merits of Case. Plaintiffs believe that the claims asserted in this Litigation have merit and that the evidence developed to date supports those claims. This Settlement will in no event be construed or deemed to be evidence of or an admission or concession on the part of Plaintiffs that there is any infirmity in the claims asserted by Plaintiffs, or that there is any merit whatsoever to any of the contentions and defenses that Defendants have asserted.
Plaintiff’s Belief in the Merits of Case. Plaintiffs believe that the claims asserted in the Action has merit and that the evidence developed to date supports those claims. This Settlement shall in no event be construed or deemed to be evidence of or an admission or concession on the part of Plaintiffs that there is any infirmity in the claims asserted by Plaintiffs, or that there is any merit whatsoever to any of the contentions and defenses that Defendant has asserted. If this Settlement is not finally approved by the Court for any reason whatsoever, Plaintiffs shall maintain their right to fully litigate the Action both individually and on behalf of the putative classes seeking the maximum damages allowed pursuant to the law(s) alleged in the operative pleadings, including but not limited to continuing any and all efforts towards class certification.
Plaintiff’s Belief in the Merits of Case. Plaintiffs believe that the claims asserted in the Action have merit, including the prospect of punitive damages. This Settlement shall in no event be construed or deemed to be evidence of or an admission or concession on the part of Plaintiffs that there is any infirmity in the claims asserted by Plaintiffs, or that there is any merit whatsoever to any of the contentions and defenses that Defendant has asserted. Among other considerations, Plaintiffs believe that, following the commencement of the Action, Defendant changed its method of calculating and remitting sales tax to the Missouri Department of Revenue, and that had these changes been in effect during the entire class period, Defendant would have charged a lower amount in sales taxes to Settlement Class Members than they were in fact charged. If this Settlement is not finally approved by the Court for any reason whatsoever, Plaintiffs shall maintain their right to fully litigate this Action both individually and on behalf of the putative class, including but not limited to continuing any and all efforts towards class certification.
Plaintiff’s Belief in the Merits of Case. Plaintiff believes that the claims asserted in the Action have merit and that the evidence developed to date supports those claims. This Settlement shall in no event be construed or deemed to be evidence of or an admission or concession on the part of Plaintiff that there is any infirmity in the claims asserted by Plaintiff, or that there is any merit whatsoever to any of the contentions that NCA has asserted.
