Reasons for the Settlement. For Class Representatives, the principal reason for the Settlement is the guaranteed cash benefit to the Class. This benefit must be compared to the uncertainty of being able to prove the allegations in the Complaint; the risk that the Court may grant some or all of the anticipated motions to be filed by Defendants; the uncertainty inherent in the Parties’ competing theories of liability and damages; the risks of litigation, especially in complex actions like this; as well as the difficulties and delays inherent in such litigation (including any trial and appeals).
Appears in 2 contracts
Samples: Stipulation and Agreement of Settlement, Stipulation and Agreement of Settlement
Reasons for the Settlement. For Class Representatives, the principal reason for the Settlement is the guaranteed cash benefit to the Class. This benefit must be compared to the uncertainty of being able to prove the allegations in the Complaint; the risk that the Court may grant some or all of the anticipated summary judgment motions to be filed by Defendants; the uncertainty inherent in the Parties’ competing theories of liability a greater recovery after a trial and damagesappeals; the risks of litigation, especially in complex actions like this; as well as and the difficulties and delays inherent in such litigation (including any trial and appeals)litigation.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Reasons for the Settlement. For Class Representatives, the principal reason for the Settlement is the guaranteed cash benefit to the Class. This benefit must be compared to the uncertainty of being able to prove the allegations in the Complaint; the risk that the Court may grant some or all of the anticipated summary judgment motions to be filed by Defendants; the uncertainty inherent in the Parties’ competing theories of liability a greater recovery after a trial and damagesappeals; the risks of litigation, especially in complex actions like this; as well as the difficulties and delays inherent in such litigation (including any trial and appeals).
Appears in 1 contract
Samples: Settlement Agreement
Reasons for the Settlement. For Class Representatives, the principal reason for the Settlement is the guaranteed cash benefit to the Class. This benefit must be compared to the uncertainty of being able to prove the allegations in the Second Amended Complaint; the risk that the Court may grant some or all of the anticipated pending motions to be in limine filed by Defendants; the uncertainty inherent in the Parties’ competing theories of liability a greater recovery after a trial and damagesappeals; the risks of litigation, especially in complex actions like this; , as well as the difficulties and delays inherent in such litigation (including any trial and appeals).
Appears in 1 contract
Reasons for the Settlement. For Class Representatives, the principal reason for the Settlement is the guaranteed cash benefit to the Class. This benefit must be compared to to, among other factors, the uncertainty of being able to prove the allegations in the Amended Complaint; the risk that the Court may grant some or all of the anticipated summary judgment motions to be filed by Defendants; the uncertainty inherent in the Parties’ competing theories of liability a greater recovery after a trial and damagesappeals; the risks of litigation, especially in complex actions like this; as well as and the difficulties and delays inherent in such litigation (including any trial and appeals)litigation.
Appears in 1 contract