STATEMENT OF POTENTIAL OUTCOME OF THE ACTION Sample Clauses

STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants strongly dispute the claims asserted in the Action and deny that they ever engaged in any wrongdoing, violation of law or breach of duty. Further, Named Plaintiffs would face an uncertain outcome if the Action were to continue. Although the Court denied Defendants’ motion to dismiss the Action, this case was far from over. Prior to settling, Defendants’ motion to dismiss was scheduled for hearing. An unfavorable ruling for Plaintiffs on the motion would have severely diminished the value of this Action. Additionally, the Parties had yet to engage in expert discovery regarding the merits of the Action. Absent settlement, Defendants would present evidence that they reasonably and prudently managed the Plan’s investment options and fees and fulfilled all of their fiduciary obligations. As a result, continued litigation could result in a judgment in favor of the Defendants and against the Named Plaintiffs and Class. Even if the Named Plaintiffs and Class prevailed, they might recover a judgment greater or less than the benefits obtained as part of the Settlement, or no recovery at all. The Named Plaintiffs and the Defendants disagree on liability and do not agree on the amount that would be recoverable even if the Named Plaintiffs were to prevail at trial. The Defendants deny all claims and contentions by the Named Plaintiffs. The Defendants deny that they are liable to the Settlement Class and that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the uncertainty, costs and risks inherent in any litigation, particularly in a complex case such as this, the Named Plaintiffs and Defendants have concluded that it is desirable that the Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.
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STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Lead Plaintiffs and the Settling Defendants (collectively, the “Settling Parties”) disagree on both liability and damages and do not agree on the average amount of damages per ADS and Ordinary Share that would be recoverable if Lead Plaintiffs were to have prevailed on their claims against the Settling Defendants. The issues on which the Settling Parties disagree include, for example: (i) liability, (ii) the amount by which the prices of Xxxxxx ADSs and Ordinary Shares were artificially inflated during the Class Period as a result of the alleged fraud; (iii) the amount of any alleged damages suffered by purchasers of Xxxxxx ADSs and Ordinary Shares; (iv) the appropriate economic models for determining the amounts by which Xxxxxx’s securities were allegedly artificially inflated (if at all) during the Class Period, and (v) the effect of various market forces influencing the trading prices of Satyam’s securities during the Class Period.
Sample 1
STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants strongly dispute each of the claims asserted in the Action and deny that they ever engaged in any wrongdoing, violation of law or breach of duty. Further, Class Representatives would face an uncertain outcome if the Action were to continue. While the parties were engaged in discovery (requests for and receipt of documents and information), and after Plaintiffs filed their motion for class certification, the settlement was reached. If settlement had not been reached, Defendants would present evidence at trial that they believe would show that they complied with the Plan terms and ERISA and fulfilled all their fiduciary obligations. As a result, continued litigation could result in a judgment in favor of the Defendants and against the Class Representatives and Class Members. Even if the Class Representatives and Class Members prevailed, they might recover a judgment that is less valuable than the benefits obtained as part of the Settlement, or no recovery at all. The Class Representatives and the Defendants disagree on liability and do not agree on the amount that would be recoverable even if the Class Representatives were to prevail at trial. The Defendants deny all claims and contentions by the Class Representatives. The Defendants deny that they are liable to the Settlement Class and that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the risks, uncertainty, costs and delays inherent in any litigation, particularly in a complex case such as this, the Class Representatives and Defendants have concluded that it is desirable that the Class Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.
Sample 1
STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants dispute the claims asserted in the Action. Further, Plaintiffs would face an uncertain outcome if the Action were to continue. Continued litigation could result in a judgment greater or less than $9 million, or in no recovery at all. The Parties disagree on liability and do not agree on the amount that would be recoverable even if Plaintiffs were to prevail at trial. Having considered the uncertainty and risks inherent in any litigation, particularly in a complex case such as this, the Plaintiffs and the Xxxxxx Xxx Parties have concluded that it is desirable that the Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.
Sample 1
STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. As with any litigated case, the Named Plaintiffs and the Class would face an uncertain outcome if the Action were to continue against the Defendants. Continued litigation of the Action against these Defendants could result in a judgment or verdict greater or lesser than the recovery under the Settlement Agreement, or no recovery at all, or a judgment or verdict in favor of the Defendants. Throughout this Action, the Named Plaintiffs and the Defendants have disagreed on both liability and recoverable losses, and they do not agree on the amount that would be recoverable even if the Named Plaintiffs and the Class were to prevail at trial. The Defendants have denied and continue to deny the claims and contentions alleged by the Named Plaintiffs, that they are liable at all to the Class, and that the Class or the Plan have suffered any damages for which the Defendants could be held legally responsible. Nevertheless, the Defendants have taken into account the uncertainty and costs inherent in any litigation, particularly in a complex case such as this, and have concluded that it is desirable that the Action be fully and finally settled as to them on the terms and conditions set forth in the Settlement Agreement.
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  • Why did I get this Notice This is a court-authorized notice of a proposed settlement in a class action lawsuit, Draland v. TimeClock Plus, LLC, Case No. 19-CH-12769, pending in the Circuit Court of Xxxx County, Illinois before the Xxxxxxxxx Xxxxxx X. Hall. The Settlement would resolve a lawsuit brought on behalf of persons who allege that TimeClock Plus, LLC (“TimeClock Plus” or “Defendant”) provided biometrically enabled technology to entities in Illinois for timekeeping purposes without complying with the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. (“BIPA”). If you received this notice, you have been identified as someone who may have been required to scan their finger for timekeeping purposes using Defendant’s biometric timekeeping technology while working for a private employer between November 1, 2014 and May 31, 2018. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. This notice explains the nature of the class action lawsuit, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the instructions and explanations below so that you can better understand your legal rights. WHAT IS THIS LAWSUIT ABOUT? BIPA prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information, such as fingerprints, of another individual for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated BIPA by capturing individuals’ fingerprints through its biometrically enabled technology for timekeeping purposes without first providing the requisite disclosures or obtaining the requisite consent. Defendant contests these claims and denies that it violated the BIPA. WHY IS THIS A CLASS ACTION? A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class. WHY IS THERE A SETTLEMENT? To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all claims against Defendant and its affiliated entities. The Settlement requires Defendant to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and an incentive award to the Class Representative, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law. The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given this notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. If the Court does not give final approval to the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.

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