Why Is This Case Being Settled Sample Clauses

Why Is This Case Being Settled. Plaintiff filed their original lawsuit on April 27, 2021, and this lawsuit on January 4, 2022. Plaintiff’s counsel have investigated the manufacture, marketing, and labeling of the Products. Defendant’s have produced relevant and critical information as a result of the lawsuits being filed, including financial and sales information pertaining to the Products. The parties participated in a mediation session with the Xxxxxxxxx Xxxxx X. Andersen, retired United States District Judge for the Northern District of Illinois. Based on investigation, counsel for both Plaintiff and Defendant have determined that there is significant risk, delay, and expense involved in continuing the litigation. In particular, there may be substantial difficulties establishing: (1) Defendant’s packaging and/or labeling of the Products were false or likely to deceive or confuse reasonable Persons; (2) the Products’ “All Butter Pound Cake” representation was material to reasonable consumers; (3) that any price premium can be attributed to the representation; and/or (4) that damages or restitution should be awarded or, if so, that any such award should be more than nominal. In particular, it may be difficult to establish that the volume of sales, or the pricing of Products, would have differed had the marketing and labeling been different. Through the efforts of Judge Xxxxx Xxxxxxxx (Xxx.), the Parties have engaged in mediation and several rounds of settlement discussions over the course of several months and, after considering the risks and costs of further litigation, have concluded that it is desirable that the claims be settled and dismissed on the terms of the Settlement Agreement. Plaintiff and their counsel believe that the terms and conditions of the Settlement are fair, reasonable, adequate, and equitable, and that the Settlement is in the best interest of the Settlement Class Members.
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Why Is This Case Being Settled. Counsel for both Plaintiffs and Defendants have determined that there is significant risk in continuing the Lawsuits. Among other issues, the issues in the Lawsuits include: (i) whether Defendants acted knowingly and willfully, or negligently;
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Why Is This Case Being Settled. The Court has not decided in favor of either side in the lawsuit. Neither Plaintiffs nor Defendant has won or lost. Instead, Class Counsel have investigated the facts and applicable law concerning the Plaintiffs’ and Class’s claims and Defendant’s defenses over the course of six years of litigation and determined that the proposed Settlement is in the best interests of the Class. Plaintiffs filed their original lawsuit on October 3, 2017. On June 3, 2019, following extensive fact and expert investigation by the Parties, the Court certified classes for property damages, property remediation, and medical surveillance. Defendant successfully appealed that class-certification decision, and the United States Court of Appeals for the Fifth Circuit decertified the classes on January 22, 2021. On May 18, 2022, following additional fact and expert investigation by the Parties, the Court certified classes for property remediation and medical surveillance, but denied certification for the requested property damages class. The case was then set to proceed to trial. During six years of litigation, Class Counsel have conducted a thorough examination and investigation into the facts and law at issue. The parties participated in mediation sessions with the Xxxxxxxxx Xxxx Xxxxxxx, United States Magistrate Judge for the Southern District of Texas. Class Counsel and counsel for Defendant have determined that continuing the litigation would present significant risks to both sides. For example, Class Counsel have concluded that there may be substantial difficulties establishing that any dioxin compounds deposited on properties from the fires at Defendant’s Xxxxxx facility pose an imminent and substantial threat to human health or the environment. And both sides want to avoid the uncertainty, delay, and expense of continuing to litigate. The Parties have engaged in mediation and several rounds of settlement discussions. After considering the risks and costs of further litigation, the Parties have concluded that it is desirable that the Plaintiffs’ claims be settled and dismissed on the terms of the Settlement Agreement. Plaintiffs and Class Counsel have concluded that the terms and conditions of the Settlement are fair, reasonable, and adequate, and that the Settlement is in the best interest of the Class Members. The Settlement allows all Class Members to have the opportunity to participate in an anonymized epidemiological study to track the potential for future development of...
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Why Is This Case Being Settled. The Court has not decided in favor of either side in the lawsuit. Neither Plaintiff nor Defendant has won or lost. Instead, Class Counsel have investigated the facts and applicable law concerning the Plaintiff’s and Class’s claims and Defendant’s defenses and determined that the proposed settlement is in the best interests of the Class. Plaintiff filed her original lawsuit on December 12, 2017 in Santa Xxxxx County Superior Court on behalf of herself and a proposed class of other persons who, between December 8, 2013 and the present, purchased in the United States a Shutterfly General Spend Groupon. Defendant removed the lawsuit to the United States District Court of the Northern District of California on January 11, 2018. Defendant asked the Court to compel the Plaintiff to arbitrate her claims individually, rather than proceeding in Court on behalf of a Class. Plaintiff opposed the motion by arguing that the arbitration provision was unenforceable. The Court granted Xxxxxxxxx’s motion to compel arbitration, ruling that the issue of enforceability was for the arbitrator to decide, and stayed the Litigation pending that decision. Plaintiff initiated arbitration. Plaintiff then successfully argued that the arbitrator should refuse to hear the arbitration because the agreement was unenforceable. The Court confirmed the arbitrator’s decision and allowed the lawsuit to proceed. Defendant then moved to strike Plaintiff’s class allegations or deny certification of the Class. The Court denied that motion. Class Counsel has conducted a thorough examination and investigation into the facts and law at issue. The parties participated in a mediation session with the Honorable Xxxxxxx Xxxxxx, retired San Francisco Superior Court judge. Counsel for both Plaintiffs and Defendant have determined that there is significant risk to both sides in continuing the litigation. For example, Class Counsel has concluded that there may be substantial difficulties establishing that statements or alleged omissions in Defendant’s materials were likely to deceive reasonable consumers and the amount of damages or restitution due to the Class or to any Class Member. And both sides want to avoid the uncertainty, delay, and expense of continuing to litigate. The Parties have engaged in mediation and several rounds of settlement discussions. After considering the risks and costs of further litigation, the Parties have concluded that it is desirable that the Plaintiff’s claims be settled and d...
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Why Is This Case Being Settled. Plaintiff filed his original lawsuit on May 4, 2018 in Alameda Superior Court. This lawsuit was removed to the United States District Court of the Northern District of California on June 7, 2018. Plaintiff’s Counsel conducted a thorough examination and investigation of the facts and law relating to the matters in the Litigation, which included extensive formal and informal discovery, the retention and consultation of an electrical engineering expert, requesting and receiving written discovery responses from ACI, examining Defendants’ documents, and questioning Defendants about their documents. On March 19, 2019, the Parties participated in an all-day mediation conducted by Honorable Xxxxxx Xxxxx at JAMS in San Francisco, California. Counsel for both Plaintiff and Defendants have determined that there is significant risk in continuing the litigation. In particular, Plaintiff may have substantial difficulty establishing: (1) that all the Laptops uniformly experienced the Power Defect and Overheating Issues, (2) that Defendants’ marketing materials were likely to deceive reasonable consumers, (3) that omissions in the marketing materials were material to reasonable consumers, (4) the amount of damages or restitution due to the class or to any class member, and (5) that common questions predominate over individual issues such that a class may be certified. After considering the risks and costs of further litigation, the Parties have concluded that it is desirable that the Plaintiff’s claims be settled and dismissed on the terms of the Settlement Agreement. Plaintiff and his counsel believe that the terms and conditions of the Settlement are fair, reasonable, adequate, and equitable, and that the Settlement is in the best interest of the Settlement Class Members.
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Related to Why Is This Case Being Settled

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