THE BENEFITS OF SETTLEMENT Sample Clauses

THE BENEFITS OF SETTLEMENT. 3.1 Class Counsel and Representative Plaintiff recognize and acknowledge the expense and length of continued proceedings that would be necessary to prosecute the Litigation against Defendant through trial and appeals. Class Counsel also has taken into account the strength of Defendant's defenses, difficulties in proving vicarious liability, and the uncertain outcome and risks of litigation, especially in complex actions such as this one, and the inherent delays in such litigation. Class Counsel believes that the proposed Settlement confers substantial benefits upon the Class. Based on their evaluation of all of these factors, Representative Plaintiff and Class Counsel have determined that the Settlement is in the best interests of Representative Plaintiff and the Class.
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THE BENEFITS OF SETTLEMENT. 11 Class Counsel and the Representative Plaintiff recognize and acknowledge the 12 expense and length of continued proceedings that would be necessary to prosecute the 13 Litigation through trial and further appeals. Class Counsel also has taken into account 14 the uncertain outcome and the risk of any litigation, especially in complex actions such 15 as the Litigation, as well as the difficulties and delays inherent in such litigation. Class 16 Counsel is mindful of the challenges it will face in maintaining class certification. These 17 challenges include, by way of example, jurisdictional challenges, statute of limitations 18 challenges, potential difficulties arising from different product packaging over the
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THE BENEFITS OF SETTLEMENT. 3.1. Class Counsel and the Representative Plaintiffs recognize and acknowledge the expense and length of continued proceedings that would be necessary to prosecute the Litigation against Defendants through trial and appeals. Class Counsel also has taken into account the uncertain outcome and the risk of any litigation, especially in complex actions such as this Litigation, as well as the difficulties and delays inherent in such litigation. Class Counsel is mindful of the inherent problems of proof under and possible defenses to the claims asserted in the Litigation. Class Counsel believes that the proposed Settlement confers substantial benefits upon the Class. Based on their evaluation of all of these factors, the Representative Plaintiffs and Class Counsel have determined that the Settlement is in the best interests of the Representative Plaintiffs and the Class.
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THE BENEFITS OF SETTLEMENT. The Class Representative and Class Counsel have taken into account the uncertain outcome, the expense, the risk and the difficulties and delays inherent in all litigation. Based upon their evaluation, the Class Representative and Class Counsel have determined that the Settlement set forth in the Stipulation is in the best interests of the Settlement Class Members. Class Counsel believes the Settlement confers substantial benefits upon the Settlement Class and each of the Settlement Class Members.
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THE BENEFITS OF SETTLEMENT. 15 3.1 Class Counsel and Representative Plaintiff recognize and acknowledge the 16 expense and length of continued proceedings that would be necessary to prosecute the Litigation 17 against Defendant through trial and appeals. Class Counsel also has taken into account the 18 strength of Defendant’s defenses, Defendant’s financial condition, difficulties in proving liability, and the uncertain outcome and risk of the litigation, especially in complex actions such as this 21 one, and the inherent delays in such litigation. Class Counsel believes that the proposed 22 Settlement confers substantial benefits upon the Settlement Class. Based on their evaluation of all 23 of these factors, Representative Plaintiff and Class Counsel have determined that the Settlement is 24 in the best interests of Representative Plaintiff and the Settlement Class.
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THE BENEFITS OF SETTLEMENT. 20 Class Counsel and the Representative Plaintiff recognize and acknowledge the expense 21 and length of continued proceedings that would be necessary to prosecute the Litigation through 22 trial and appeals. Class Counsel also has taken into account the uncertain outcome and the risk of 23 any litigation, especially in complex actions such as the Litigation, as well as the difficulties and 24 delays inherent in such litigation. Class Counsel is mindful of the challenges it will face in 25 obtaining and maintaining class certification. These challenges include, by way of example, 26 potential difficulties arising from Defendant’s use of different Product packaging over the course 27 of the Class Period and across sales channels and regions, and the fact that the Class Members 1 did not pay a uniform price for the Products. Class Counsel is also mindful of the inherent 2 problems of proof related to the claims and defenses to the claims asserted in the Litigation.
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THE BENEFITS OF SETTLEMENT. 8 Class Counsel and the Representative Plaintiff recognize and acknowledge the 9 expense and length of continued proceedings that would be necessary to prosecute the 10 Litigation through trial and further appeals. Class Counsel also has taken into account the 11 uncertain outcome and the risk of any litigation, especially in complex actions such as the 12 Litigation, as well as the difficulties and delays inherent in such litigation. Class Counsel 13 is mindful of the challenges it will face in maintaining class certification. Class Counsel 14 is also mindful of the inherent problems of proof related to the claims and defenses to the 15 claims asserted in the Litigation. Class Counsel believes that the proposed Settlement 16 confers substantial benefits upon the Class, as well as a cy pres contribution to the 17 American Heart Association that will benefit even Class Members who do not file a claim. 18 Based on their evaluation of all of these factors, following briefing on the sufficiency of 19 the complaint and the evaluation of documents produced, the Representative Plaintiff and 20 Class Counsel have determined that the Settlement is in the best interests of the Class.
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THE BENEFITS OF SETTLEMENT. Class Counsel and the Plaintiffs recognize and acknowledge the expense and length of continued proceedings that would be necessary to prosecute the Litigation through trial and appeals. Class Counsel also has taken into account the uncertain outcome and the risk of any litigation, especially in complex actions such as this Litigation, as well as the difficulties and delays inherent in such litigation. Class Counsel is mindful of the challenges it will face in obtaining and maintaining class certification. For example, while Class Counsel believe that the “natural” claim had a positive impact on Frito-Lay’s sales (which Frito-Lay disputes), and that it may be possible to prove that the “natural” claim resulted in consumers paying a premium for the Products (which Frito-Lay disputes), they recognize the challenge of quantifying the claim’s effect across more than twenty separate products, where the time periods in which the challenged claim appeared on the Product packaging varies not only among the Products but also among the various package sizes in which each Product was sold. The variations in the labeling dates also may create potential difficulties in ascertaining class members. Class Counsel is also mindful of the inherent problems of proof related to the claims and defenses to the claims asserted in the Litigation. Class Counsel believes that the proposed Settlement confers substantial benefits upon the Class and provides the primary relief sought in the Litigation – i.e., the assurance that the Products will not be labeled, marketed or advertised as “natural” unless the use of “natural” claims on products containing GMOs is expressly authorized by FDA guidance or state or federal legislation. In addition, the proposed Settlement prohibits the labeling, marketing or advertising of the Products as “natural” for a period of five years unless the ingredients are approved or determined as acceptable for products identified as “natural” by a federal agency or controlling regulatory body. Finally, the proposed Settlement prohibits the placement of an affirmative “non-GMO” claim on the Products unless the claim is certified by an independent third-party certification organization. Based on their evaluation of all of these factors, following briefing on the sufficiency of the complaint and the evaluation of documents produced during multiple rounds of document production as well as deposition testimony and other discovery obtained from Defendant, the Plainti...
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THE BENEFITS OF SETTLEMENT. ‌ 58. Class Counsel hereby represent that they have satisfied their due diligence duties to the Named Plaintiffs and Class Members and conducted a thorough examination and investigation of the law and facts, including substantial discovery relating to the matters set forth in the Subject Lawsuit giving rise to this Settlement Agreement and the claims set forth therein. Class Counsel and the Named Plaintiffs recognize and acknowledge the expense, effort, and length of continued proceedings that would be necessary to prosecute the Subject Lawsuit against Defendants through trial and appeals. Class Counsel also considered the uncertain outcome and the risk of any litigation, as well as the difficulties and delays inherent in such litigation. Class Counsel believe that this proposed Settlement confers substantial benefits upon the Named Plaintiffs and Class Members. Based on their evaluation of all of these factors, Class Counsel have determined that this proposed Settlement is in the best interests of the Named Plaintiffs and Class Members. This Settlement was a product of arms’ length settlement negotiations between Class Counsel and Defense Counsel that was overseen over several settlement conferences by the Xxxxxxxxx Xxxxxxx X. Crabtree.
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Related to THE BENEFITS OF SETTLEMENT

  • TERMS OF SETTLEMENT The Respondent agrees to the following terms of settlement:

  • Basis of Settlement Unless otherwise provided, the Insurer is not liable beyond the actual cash value of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according to such actual cash value with proper deduction for depreciation, however caused, and shall in no event exceed what it would then cost to repair or replace the same with material of like kind and quality.

  • The Settlement Fund 37. Releasors’ sole recourse for settlement and satisfaction against the Releasees of all Released Claims is against the Settlement Fund, and Releasors shall have no other recovery against Aisan or any other Releasee as to the Released Claims. 38. After this Agreement becomes final within the meaning of Paragraph 19, the Settlement Fund shall be distributed in accordance with a plan to be submitted to the Court at the appropriate time by Settlement Class Counsel, subject to approval by the Court. In no event shall any Releasee have any responsibility, financial obligation, or liability whatsoever with respect to the investment, distribution, or administration of the Settlement Fund, including, but not limited to, the costs and expenses of such distribution and administration except as expressly otherwise provided in Paragraphs 28 and 34. 39. Direct Purchaser Plaintiff and Settlement Class Counsel shall be reimbursed and indemnified solely out of the Settlement Fund for all expenses and costs, as provided by Court Order and the provisions of Paragraphs 28 and 34. Aisan and the other Releasees shall not be liable for any costs, fees, or expenses of the Direct Purchaser Plaintiff or the Settlement Class’ respective attorneys, experts, advisors, agents, or representatives. Instead, all such costs, fees, and expenses as approved by the Court, or authorized by Paragraphs 28 and 34, shall be paid out of the Settlement Fund. I. Settlement Class Counsel’s Attorneys’ Fees, Reimbursement of Expenses, and Incentive Award for the Class Representative 40. Subject to Court approval, Direct Purchaser Plaintiff and Settlement Class Counsel shall be reimbursed and paid solely out of the Settlement Fund for all past, current, or future litigation costs and expenses and any award of attorneys’ fees. An incentive award to the Direct Purchaser Plaintiff, if approved by the Court, will also be paid solely out of the Settlement Fund. Attorneys’ fees and costs and expenses awarded by the Court shall be payable from the Settlement Fund upon award, notwithstanding the existence of any timely filed objections thereto, or potential appeal therefrom, or collateral attack on the settlement or any part thereof, subject to Settlement Class Counsel’s obligation to make appropriate refunds or repayments to the Settlement Fund with interest, if and when, as a result of any appeal or further proceedings on remand, or successful collateral attack, the fee or award of costs and expenses is reduced or reversed, or in the event the Settlement is rescinded or otherwise fails to become effective. 41. The procedure for and the allowance or disallowance by the Court of the application by Settlement Class Counsel for attorneys’ fees, costs and expenses, or an incentive award for the Class Representative to be paid out of the Settlement Fund are not part of this Agreement, and are to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness and adequacy of the settlement, and any order or proceeding relating to a request for attorneys’ fees and reimbursement of expenses or incentive awards, or any appeal from any such order, shall not operate to terminate or cancel this Agreement, or affect or delay the finality of the judgment approving the settlement. 42. Neither Aisan nor any other Releasee under this Agreement shall have any responsibility for, or interest in, or liability whatsoever with respect to any payment to Settlement Class Counsel and/or Direct Purchaser Plaintiff of any fee and expense award, or incentive award, in the Action. 43. Neither Aisan nor any other Releasee under this Agreement shall have any responsibility for, or interest in, or liability whatsoever with respect to the allocation among Settlement Class Counsel and/or any other person who may assert some claim thereto, of any fee and expense award that the Court may make in the Action.

  • The Settlement Following mediation with a neutral party, a Settlement has been reached. As part of the Settlement, a Qualified Settlement Fund of $39,500,000 will be established to resolve the Class Action. The Net Settlement Amount is $39,500,000 minus any Administrative Expenses (including taxes and tax expenses), Court-approved Attorneys’ Fees and Costs, and Class Representative Compensation. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court.

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