What is this Class Action About? Sample Clauses

What is this Class Action About?. Plaintiff alleges that Nationwide breached its contracts (insurance policies) by failing to pay applicable Vehicle Sales Tax to Plaintiff and other insureds in Ohio who submitted physical damage claims for their vehicles during the class period, where the claim was adjusted as a total loss. Nationwide maintains that it complied with the terms of the insurance policies and applicable law, has numerous merits and class defenses, and denies that it acted wrongfully or unlawfully and continues to deny all material allegations. You are receiving this Notice because you may be entitled to payment from a Settlement of the case that has been reached between the Plaintiff, acting on behalf of the Class, and Nationwide Agribusiness Insurance Company (“Nationwide” or “Defendant”). The Court has preliminarily approved the Settlement, including the preliminary approval of a Settlement Class. The Court is conducting a Final Approval Hearing on , 2023 to decide whether to grant final approval of the Proposed Settlement.
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What is this Class Action About?. Plaintiff alleges that Imperial and its applicable entities breached their contracts (insurance policies) by failing to pay Plaintiff and other Louisiana insureds who submitted physical damage claims for their vehicles during the class period, and which resulted in a total loss claim payment, the applicable Sales Tax and Transfer Fees. Imperial maintains that it complied with the terms of the insurance policies and applicable law, has numerous merits and class defenses, and denies that it acted wrongfully or unlawfully and continues to deny all material allegations. You are receiving this Notice because a Settlement of the case has been reached between the Plaintiff, acting on behalf of the Class, and Imperial. The Court has preliminarily approved the Settlement, including the preliminary approval of a Settlement Class. The Court is conducting a Final Approval Hearing on , 2024 to decide whether to grant final approval of the Proposed Settlement.
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What is this Class Action About?. On June 16, 2014, Defendant mailed you and the other approximately 14,121 patients a letter that stated in part “[o]n June 6, 2014, an employee of Rady Children's Hospital - San Diego inadvertently sent an electronic file containing information about your child in an email to four individuals…. Through our interviews with the individuals, we learned that one of the recipients forwarded the email to two additional people.” In a Press Release, Defendant stated in part that “[t]he file contained information on 14,121 patients admitted to Rady Children’s between July 1, 2012 and June 30, 2013. Information included patients’ names, dates of birth, primary diagnoses, admit/discharge dates, medical record numbers, and other information including insurance carrier and claim information. The email did not contain social security, insurance or credit card numbers, street addresses, or parent and guardian names.” As a result of the litigation, Plaintiffs have discovered, and it is undisputed, that on June 6, 2014, a Recruiter in Rady’s Human Resources Department sent an email to four job applicants attaching an electronic file (an Excel spreadsheet) at the direction of Rady’s Director of Decision Support. None of the four job applicants or the two other recipients were ever employed by Rady. In the lawsuit, Plaintiffs allege that Rady’s disclosure to the four job applicants was negligent and that Rady’s release of Class Members’ personal and confidential medical information was a violation of the Confidentially of Medical Information Act, Civil Code §§ 56 et seq., (“CMIA”). Rady denies any violation of the CMIA, and any alleged damages.
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What is this Class Action About?. On December, 2018, Plaintiff, Xxxxxxx Xxxxxxxxxx, filed her Complaint against Defendant, East Wisconsin Savings Bank (“Bank”), on behalf of herself and all Member Relations Representatives. (ECF No. 1.) Plaintiff, herself, was a non-exempt Member Relations Representative of Bank in the three years preceding the filing of her complaint. Plaintiff alleged, inter alia, that Bank failed Bank failed to include all non-discretionary forms of monetary compensation in hourly-paid, non- exempt Member Relations Representatives’ regular rates of pay for overtime calculation and compensation purposes in workweeks when said employees worked in excess of forty (40) hours during the representative time period for which the non-discretionary remuneration covered. See 29 U.S.C. § 207(a)(1) and (e); see also Wis. Stat. § 103.025(1)(c) and Wis. Admin Code § DWD 1.) For its fifth claim titled “Violation of the WWPCL – Unpaid Overtime (Plaintiff on behalf of herself and the Wisconsin Class (Non-Discretionary Compensation)),” Plaintiff is seeking certification of a class action including all non-exempt Member Relations Representatives who worked for Bank in Wisconsin at any time between December 7, 2015, December 7, 2018 and who received non- discretionary forms of compensation in addition to regular wages that were not included in their regular rates of pay for overtime calculation purposes (“Wisconsin Class”). Bank has denied and continues to deny any wrongdoing and denies any and all liability and damages to anyone with respect to the alleged facts or causes of action asserted in the Class Action. However, to avoid the burden and uncertainty of continued litigation, Bank has concluded that it is in its best interests to resolve and settle the Class Action by entering into a proposed settlement agreement, which was filed with the Court on [DATE] (the “Settlement Agreement”). The Class Action is presently before Judge Xxxxxxx X. Xxxxxxxxx, Chief Judge for the United States District Court for the Eastern District of Wisconsin. Judge Xxxxxxxxx has not made any decision on the merits of Plaintiff’s claims. On [DATE], the Court preliminarily approved the Settlement Agreement and certified Plaintiff’s class for purposes of settlement, subject to final approval at a fairness hearing taking place on [TIME, DATE, LOCATION].
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Related to What is this Class Action About?

  • CLASS ACTIONS The Custodian shall use its best efforts to identify and file claims for the Fund(s) involving any class action litigation that impacts any security the Fund(s) may have held during the class period. The Trust agrees that the Custodian may file such claims on its behalf and understands that it may be waiving and/or releasing certain rights to make claims or otherwise pursue class action defendants who settle their claims. Further, the Trust acknowledges that there is no guarantee these claims will result in any payment or partial payment of potential class action proceeds and that the timing of such payment, if any, is uncertain. However, the Trust may instruct the Custodian to distribute class action notices and other relevant documentation to the Fund(s) or its designee and, if it so elects, will relieve the Custodian from any and all liability and responsibility for filing class action claims on behalf of the Fund(s). In the event the Fund(s) are closed, the Custodian shall only file the class action claims upon written instructions by an authorized representative of the closed Fund(s). Any expenses associated with such filing will be assessed against the proceeds received of any class action settlement.

  • Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

  • No Class Actions Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a Claim, neither you nor we will have the right to: (i) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (ii) act as a private attorney general in court or in arbitration; or (iii) join or consolidate your Claims with claims of any other person, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.

  • Application of this Revenue Sharing Agreement to Notes The terms of this Revenue Sharing Agreement shall apply to each Note as if the terms of this Revenue Sharing Agreement were fully set forth in each Note.

  • INSURANCE COMPANY NOT A PARTY TO THIS AGREEMENT The Insurer shall not be deemed a party to this Agreement, but will respect the rights of the parties as herein developed upon receiving an executed copy of this Agreement. Payment or other performance in accordance with the policy provisions shall fully discharge the Insurer from any and all liability.

  • No Plan Created by this Agreement Executive, the Company and the Bank expressly declare and agree that this Agreement was negotiated among them and that no provision or provisions of this Agreement are intended to, or shall be deemed to, create any plan for purposes of the Employee Retirement Income Security Act or any other law or regulation, and each party expressly waives any right to assert the contrary. Any assertion in any judicial or administrative filing, hearing, or process that such a plan was so created by this Agreement shall be deemed a material breach of this Agreement by the party making such an assertion.

  • Proxies; Class Actions (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

  • Class Action Waiver THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

  • Securities Sold Pursuant to this Agreement The Securities have been duly authorized and reserved for issuance and when issued and paid for in accordance with this Agreement, will be validly issued, fully paid and non-assessable; the holders thereof are not and will not be subject to personal liability by reason of being such holders; the Securities are not and will not be subject to the preemptive rights of any holders of any security of the Company or similar contractual rights granted by the Company; and all corporate action required to be taken for the authorization, issuance and sale of the Securities has been duly and validly taken. The form of certificates for the Securities conform to the corporate law of the jurisdiction of the Company’s incorporation and applicable securities laws. The Securities conform in all material respects to the descriptions thereof contained in the Registration Statement, the Sale Preliminary Prospectus and the Prospectus, as the case may be. When paid for and issued, the Warrants will constitute valid and binding obligations of the Company to issue the number and type of securities of the Company called for thereby in accordance with the terms thereof and such Warrants are enforceable against the Company in accordance with their respective terms, except: (i) as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors’ rights generally; (ii) as enforceability of any indemnification or contribution provision may be limited under foreign, federal and state securities laws; and (iii) that the remedy of specific performance and injunctive and other forms of equitable relief may be subject to the equitable defenses and to the discretion of the court before which any proceeding therefor may be brought. The shares of Common Stock issuable upon exercise of the Warrants have been reserved for issuance upon the exercise of the Warrants and upon payment of the consideration therefor, and when issued in accordance with the terms thereof such shares of Common Stock will be duly and validly authorized, validly issued, fully paid and non-assessable, and the holders thereof are not and will not be subject to personal liability by reason of being such holders.

  • Class Grievance Class grievance involving one or more Members of the Bargaining Unit or one or more supervisors, and grievances involving an administrator above the building level may be initially filed by the Association.

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