Why is there a Proposed Settlement? Sample Clauses

Why is there a Proposed Settlement?. The Court has not decided in favor of either side in the case. The Named Plaintiffs believe their claims have merit. Defendants deny all allegations of wrongdoing or liability against them whatsoever and further contend that their conduct was lawful at all times. Defendants are settling to avoid the expense, inconvenience, and inherent risk of litigation, as well as the interferences with and disruption to ongoing business operations that are associated with litigation. Plaintiffs and their attorneys believe that the proposed Settlement is in the best interest of the Class because it provides an appropriate recovery for Class Members now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals. The proposed Settlement was reached after several months of negotiations, including several mediation sessions before impartial mediators and the Magistrate Judge of the United States District Court assigned to the case.
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Why is there a Proposed Settlement?. The Court did not reach a final decision in favor of the Class Representatives or GE. Instead, both sides agreed to a proposed settlement. Settlements avoid the costs and uncertainty of a trial and related appeals, while providing benefits to members of the Class. The Class Representatives and the attorneys for the proposed class think the proposed settlement is best for all members of the Class. The Court in charge of the lawsuit has granted preliminary approval of this proposed settlement and has ordered this notice be mailed to explain it.
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Why is there a Proposed Settlement?. The Parties reached a proposed settlement to resolve the Lawsuit and to avoid the expense and uncertainty of litigation. The Court has not decided in the favor of either Party, and there has been no trial. If the Court grants final approval of the proposed settlement, the class members in this lawsuit (“Class Members” or “Class”) (described more specifically in Question 5) may receive benefits described in this Notice if they are eligible according to the requirements of this proposed settlement. The Class Representative and Class Counsel (described more specifically in Question
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Why is there a Proposed Settlement?. The parties arrived at the Proposed Settlement as a result of arms-length negotiations, including a day-long mediation conducted before the Xxxxxxxxx Xxxxxxx X. Clevert, Jr. (Xxx.). The parties reached the Proposed Settlement before the Court determined whether class certification was appropriate. The Proposed Settlement is a compromise of disputed claims and does not mean that any law was violated or that MCU did anything wrong. The Proposed Settlement Benefits
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Why is there a Proposed Settlement?. The lawyers for the Class – Xxxxx Xxxxxxx, United States Attorney for the Southern District of New York, and other members of his Office – have extensively analyzed and evaluated the merits of the claims made against the Defendants in this case. Based on that analysis and evaluation, the lawyers for the Class entered into the proposed settlement. The United States Attorney’s Office is satisfied that the terms and conditions of the proposed settlement are fair, reasonable, and in the best interest of the Plaintiffs and Class Members because the proposed settlement provides each Class Member with the full relief that they are entitled to under USERRA. What Benefit Does a Class Member Receive As a Result of the Proposed Settlement? The PPF will re-calculate in accordance with USERRA the amount of your pensionable earnings during periods of time you were deployed to Active Military Service. That is, the PPF will include the overtime, worked vacation, and night shift differential compensation that you would have likely earned if you had not been deployed to Active Military Service by taking the average rate of compensation for the overtime, worked vacation, and night-shift differential you earned in the 12 months prior to your deployment and add that average rate of compensation to your pensionable earnings during periods of deployment to Active Military Service. Then, the PPF will discount the additional pension contributions you would have owed as a result of the increased pensionable earnings from the amount owed to you. If the re-calculation results in an increase over your current pension benefit, the PPF will adjust your future pension benefit accordingly, and pay you for any past pension benefit owed with interest. Otherwise, if there is no increase over your current pension benefit, the PPF will not adjust your current pension benefit, and you will continue receiving your usual payments. Do You Want to Be a Class Member and Receive the Benefits of the Settlement? If you want to receive the benefits of the proposed settlement then you have to be a Class Member. In order to be a Class Member, you must be retired NYPD member of uniformed service who was deployed to active military duty with a uniformed military service, that is, the U.S. Army, Navy, Air Force, Marines, or Coast Guard, on or after September 11, 2001. If you do not fit the foregoing description, then you are not a Class Member, and you have received this notice in error. If you do fit that d...
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Why is there a Proposed Settlement?. The Plaintiff and the Defendants have agreed to the Proposed Settlement. The Proposed Settlement is a compromise of disputed claims against the defendants without any admission of liability by the defendants. By entering the Proposed Settlement, the parties are seeking to avoid the costs and uncertainty of a trial and the potential delays in obtaining judgment. It also means that the class members will not need to testify in court. The Plaintiff and Class Counsel are of the view that the Proposed Settlement is in the best interests of all Class Members.
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Why is there a Proposed Settlement?. The parties arrived at the Proposed Settlement as a result of arms-length negotiations, including a face-to-face meeting between the lawyers for each side during a mediation session with a court authorized mediator. The Proposed Settlement is a compromise of disputed claims and does not mean that any law was violated or that Defendant did anything wrong. THE PROPOSED SETTLEMENT BENEFITS
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Why is there a Proposed Settlement?. The Court has not decided in favor of either side in the case. Defendant denies all allegations of wrongdoing or liability against it and contends that its conduct was lawful. Defendant is settling to avoid the expense, inconvenience, and inherent risk of litigation, as well as the related disruption of its business operations. Plaintiffs and their attorneys assert that the Proposed Settlement is in the best interests of the Class, because it provides an appropriate recovery now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals.
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Related to Why is there a Proposed Settlement?

  • Why Is There A Settlement? The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial. WHO’S INCLUDED IN THE SETTLEMENT?

  • Refund After Non-Approval or Rejection If you or any co-applicant is disapproved or denied under Paragraph 5, we’ll refund all application deposits within 7 days of such disapproval. Refund checks may be made payable to all co-applicants and mailed to one applicant. If the application deposit was paid via check and has not yet been deposited, you may request your check be destroyed instead of a refund check being issued.

  • Procedure for Approving Settlement a. Unopposed Motion for Preliminary Approval of the Settlement by the Court.

  • Settlement of Disputes between an Investor and a Contracting Party

  • Final Settlement Approval 4.1 No later than ten (10) business days before the Fairness Hearing, Class Counsel shall submit to the Court a motion for entry of the Final Order (Exhibit 5) in the form approved by Class Counsel and Defense Counsel, which shall request approval by the Court of the terms of this Settlement Agreement and entry of the Final Order in accordance with this Settlement Agreement. The Final Order as proposed by the Settling Parties shall provide for the following, among other things, as is necessary to carry out the Settlement consistent with applicable law and governing Plan documents:

  • Qualified Settlement Fund The Administrator shall establish a settlement fund that meets the requirements of a Qualified Settlement Fund (“QSF”) under US Treasury Regulation section 468B-1.

  • Settlement Approval The approval of the Master Servicer need not be requested for disposition of insurance loss settlements and the Servicer may disburse the loss proceeds as provided herein.

  • Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.

  • Alternative Transfer Mechanism The parties agree that the data export solution identified in Section 8.2 shall not apply if and to the extent that MailChimp adopts an alternative data export solution for the lawful transfer of Personal Data (as recognized under EU Data Protection Laws) outside of the EEA (“Alternative Transfer Mechanism”), in which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred). Part B: GDPR Obligations from 25 May 2018

  • Notice to Settlement Class Members 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class.

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