Whirlpool Corp. Case No., 16-56666 (Dkt.## 168-169). wrinkles here which argue for the inapplicability of CAFA. First, persons who redeemed their Groupons are not limited to Promotional and Shipping Codes; they may obtain cash refunds. Second, while persons who did not redeem their Groupons are entitled only to Promotion and Shipping Codes, they are automatically being provided a more valuable version of the exact item they purchased. To put it another way, the original purchase of a Groupon that class members made was itself a purchase of a “coupon,” and under the settlement they are getting a better coupon than they originally purchased. The coupon provisions of CAFA were designed to require more scrutiny of settlements that provided only a “coupon” towards a further purchase, instead of remedying the underlying issue that led to the litigation. Here the more valuable “coupon” does address the underlying allegation that the original coupon (i.e. Groupon) had less value than purchasers would have understood. 12
Whirlpool Corp. Case No. 1:17-CV-00018” You must include your name, address, telephone number, and signature. If you plan to have your own attorney speak for you at the hearing, you must also include the name, address and telephone number of the attorney who will appear. Your written request must be filed with the Court and served on Lead Class Counsel and Whirlpool’s counsel by [insert date] IF YOU DO NOTHING
Whirlpool Corp x. Xxxxx, 457 FSupp 2d 806, 813 (2006); Superior Consulting Co, Inc. x. Xxxxxxx, 851 FSupp 839, 847 (ED Mich 1994). interests expand.38 Indeed, if an employer operates on a worldwide basis, then the geographic scope could possibly be the entire world.39 However, if an employer does business in only one Michigan county, an agreement restricting competition outside of that county is likely to be found unreasonable. Moreover, the geographic scope that a court is willing to enforce tends to be inversely proportional to the level of activity prohibited by the agreement.40 In other words, as more restrictions are placed on the ability of the employee to compete, the reasonable geographic scope of the agreement and duration generally shrinks. In the health care arena, attorneys more commonly deal with employers operating in a much smaller area than the entire world, or even the entire state. But the employer may have multiple offices, or own multiple office facilities, and it is not uncommon for an employee to be hired to work at only one of the employer’s many locations. This creates a question of whether the employer may tailor the non-competition agreement to bar the employee from competing within a specific areas surrounding all of the employer’s facilities, or only around the facility where the employee works. One factor in this analysis is how the other facilities are used. For example, courts have prevented employers from restraining competition around satellite offices that are not used on a regular basis by the employee, and that are used for a line of business different than that in which the employee operates.41 However, courts have upheld restrictions on a former employee from operating within a radius surrounding the employer’s multiple service locations where there was a threat that the former employee would cause the transfer of the employer’s customer base.42 Another factor in the health care context is whether the employee in question has or will provide services in only one or multiple facilities of the employer. For instance, courts have found a restriction prohibiting an employee from operating within a radius of the employer’s multiple offices reasonable where the employer drew patients from all around the county in which the offices were located, and there was a common practice of patients going to either office.43
Whirlpool Corp. Case No. 5:15-cv-05764-BLF.” Your Opt-Out Form or letter must include your full name, current address, your signature, and the date you signed it. To be valid, your Opt-Out Form or request for exclusion must be sent to the Settlement Administrator at the address below with a postmark no later than [insert date 91 days after entry of the Preliminary Approval Order].
Whirlpool Corp. Case No. 5:15-cv-05764-BLF); (2) your full name and current address; (3) the serial number and model number of your Class Refrigerator; (5) the specific reasons for your objection; (6) any evidence and supporting papers (including, but not limited to, all briefs, written evidence, and declarations) that you want the Court to consider in support of your objection; (6) your signature; and (7) the date of your signature. You must mail your written objection to the Settlement Administrator at the address listed in response to Question
Whirlpool Corp. Case No. 5:15-cv-05764-BLF” and serve copies of that Notice on Class Counsel and Defendant using the addresses listed in Question 23. You must include your name, address, telephone number, and signature. If you plan to have your own attorney speak for you at the hearing, you must also include the name, address and telephone number of the attorney who will appear on your behalf. Your written Notice of Intent to Appear must be mailed to the Court by [INSERT DATE THAT IS 60 days after entry of the Preliminary Approval Order]. IF YOU DO NOTHING
Whirlpool Corp. Refrigerator Settlement,” and include your name and address. If you do not exclude yourself, you will lose your right to xxx Whirlpool and obtain any compensation from them other than through this settlement.
Whirlpool Corp et al. (D.N.J. Feb. 21, 2012) to represent a proposed nationwide class of purchasers of mislabeled Maytag Centennial washing machines from Whirlpool Corp., Sears, and other retailers,
Whirlpool Corp. 2015 WL 1932484 (E.D. Cal. Apr. 27, 2015) (certifying California class of purchasers of refrigerators that were mislabeled as Energy Star qualified). Bayol v. Zipcar, Inc., 78 F.Supp.3d 1252 (N.D. Cal. 2015) (denying motion to dismiss claims alleging unlawful late fees under California Civil Code § 1671).
Whirlpool Corp. Case No. 1:17-CV-00018. The people who sued are called “the Plaintiffs” and the company they sued, Whirlpool, is called “the Defendant.”
