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.
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
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.
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.
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.
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.
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.
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...
