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.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
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 Defendants through trial and appeals. Class Counsel also has taken into account the strength of Defendant's Defendants’ defenses, difficulties in obtaining class certification and proving vicarious liability, and the uncertain outcome and risks risk of the 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 Settlement 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 Settlement Class.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
THE BENEFITS OF SETTLEMENT. 3.1 Class Counsel and Representative Plaintiff Plaintiffs 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 ’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 Plaintiffs and Class Counsel have determined that the Settlement is in the best interests of Representative Plaintiff Plaintiffs and the Class.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 Defendants through trial and appeals. Class Counsel also has taken into account the strength of Defendant's Defendants’ defenses, difficulties in proving vicarious liability, and the uncertain outcome and risks risk of the litigation, especially in complex actions such as this one, and the inherent delays in such litigation, and Defendants’ financial capacity. Class Counsel believes that the proposed Settlement confers substantial benefits upon the Settlement 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 Settlement Class.
Appears in 1 contract
Samples: Class Action Settlement Agreement