Class Claims definition
Class Claims means any and all claims, rights, demands, liabilities, and causes of action of every nature and description, whether known or unknown, for wages, benefits, and related penalties actually asserted or that could have been asserted in the Action by the Plaintiffs on behalf of themselves and/or the Settlement Class Members based on the facts alleged in Plaintiff Amanda Frlekin’s November 12, 2013 notice letter to the Labor and Workforce Development Agency (“LWDA”), Plaintiff Taylor Kalin’s October 1, 2013 notice letter to the LWDA, and/or the original, amended, and/or Consolidated Complaint in the Frlekin Action, and/or the complaint in the Kalin Action (all of which are posted on the settlement website at www.AppleBagCheckSettlement.com), including claims for: (i) failure to pay overtime and minimum wages pursuant to Labor Code §§ 204, 226.7, 510, 1194, 1194.2 and 1198 and the applicable Wage Order of the Industrial Welfare Commission; (ii) violation of California’s Unfair Competition Law, California Business & Professions Code § 17200 et seq.; (iii) failure to provide and maintain accurate wage statements pursuant to Labor Code § 226 and the applicable Wage Order of the Industrial Welfare Commission; and
Class Claims means any and all claims, rights, demands, liabilities, and causes of action of every nature and description, whether known or unknown, for wages, benefits, and related penalties actually asserted or that could have been asserted in the Action by the Plaintiffs on behalf of themselves and/or the Settlement Class Members based on the facts alleged in Plaintiff Amanda Frlekin’s November 12, 2013 notice letter to the Labor and Workforce Development Agency (“LWDA”), Plaintiff Taylor Kalin’s October 1, 2013 notice letter to the LWDA, and/or the original, amended, and/or Consolidated Complaint in the Frlekin Action, and/or the complaint in the Kalin Action (all of which are posted on the settlement website at www.AppleBagCheckSettlement.com), including claims for: (i) failure to pay overtime and minimum wages pursuant to Labor Code §§ 204, 226.7, 510, 1194, 1194.2 and 1198 and the applicable Wage Order of the Industrial Welfare Commission; (ii) violation of California’s Unfair Competition Law, California Business & Professions Code § 17200 et seq.; (iii) failure to provide and maintain accurate wage statements pursuant to Labor Code § 226 and the applicable Wage Order of the Industrial Welfare Commission; and (iv) failure to timely pay wages upon termination of employment pursuant to Labor Code §§ 201-204; and (v) attorneys’ fees and costs incurred to prosecute the Action on behalf of Settlement Class Members. “Class Claims” also includes all claims that Plaintiffs and/or Settlement Class Members may have against the Released Parties relating to: (a) the payment, taxation, and allocation of Attorneys’ Fees and Litigation Costs to Class Counsel pursuant to this Settlement Agreement; (b) the payment, taxation, and allocation of Class Representatives’ Class Representative Payments and Plaintiff Amanda Frlekin’s Service Payment pursuant to the Settlement Agreement; and (c) the payment, taxation, and allocation of payments to Participating Settlement Class Members. Notwithstanding the foregoing, “Class Claims” does not include the claims for failure to reimburse business expenses pursuant to Labor Code § 2802 or the claims for failure to pay for time spent waiting to clock in and time spent checking out company devices asserted in Plaintiff Taylor Kalin’s October 1, 2013 notice letter to the LWDA, which were never pursued in the Consolidated Complaint filed in the Action, or claims for violation of Massachusetts, New York, or Ohio law, or the federal Fair Labor Stand...
Class Claims means the claims asserted in the operative Complaint in the Litigation.
Examples of Class Claims in a sentence
A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above will automatically become a Participating Class Member and be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement.
All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members set forth in this Agreement.
All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from the Released Class Claims.
A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement.
The operative release period for the Released Class Claims is the Class Period.
More Definitions of Class Claims
Class Claims means the claims asserted under the FCRA in class action complaint in the Litigation (ECF 1), arising out of the allegations set forth therein.
Class Claims means the Claims that Plaintiff or any other member of the Class asserted in the Class Action on behalf of themselves and the Class, including Claims asserted in the Complaint on behalf of the Class. For the avoidance of doubt, “Class Claims” does not include any Appraisal Claims, but does include any other claims asserted by any JB Capital in the Class Action.
Class Claims refers to the First through Sixth Causes of Action (and corresponding requests for relief) asserted by Plaintiffs on behalf of themselves and the Class in the Class Action Complaint.
Class Claims means any and all claims, debts, demands, actions, causes of action, specialties, covenants, contracts, variances, damages, executions, rights, suits, sums, accounts, reckonings, presentments, extents and any other liabilities whatsoever, both at law and in equity, known or unknown, suspected or unsuspected, accrued or unaccrued, liquidated or contingent, matured or unmatured, whether or not concealed or hidden, including any Unknown Claims (as defined below), of or by the Class, or any member or representative of the Class, as against the Released Parties, whether class, derivative, or individual in nature, that were asserted, could have been asserted, could in the future be asserted, or are related to claims that were, could have been, or could in the future be asserted, in the Consolidated Actions or in any other action or proceeding, or otherwise, by the Class, or by any member or representative of the Class (including, without limitation, any claims for alleged violations of federal or state statutory or common law, or any other law, and for damages, interest, attorneys' fees, expert or consulting fees, and any other costs, expenses, or liability whatsoever), arising from or relating to (a) the purchase, sale, distribution, or other transfer of Mercator stock during the Class Period; or (b) the facts, transactions, events, occurrences, disclosures, statements, omissions, acts or failures to act by Mercator, or any of the other Defendants, which were, could have been, or could in the future be asserted in the Consolidated Actions, and which relate to the allegations, facts and circumstances alleged in the Consolidated Complaint in the Consolidated Actions.
Class Claims means any and all claims, rights, demands, liabilities, and causes of action of every nature and description, whether known or unknown, for wages, benefits, and related penalties actually asserted or that could have been asserted in the Action by the Plaintiffs on behalf of themselves and/or the Class of 105 Additional Employees based on the facts alleged in Plaintiff Amanda Frlekin’s November 12, 2013 notice
Class Claims means the claims asserted in the Litigation under Section 1681k(a) of the FCRA, 15 U.S.C. § 1681k(a).
Class Claims means and includes any and all claims, rights, demands, actions, causes of action, suits, debts, liens, contracts, damages whenever incurred, liabilities of any nature whatsoever, agreements, interest, costs, expenses or losses, for the acts alleged or which are or could have been or could be alleged, whether known or unknown, suspected or unsuspected, in law or equity, that any Named Plaintiffs or Class Members ever had, now has, or hereafter can, shall, or may have, directly, indirectly, representatively, derivatively, or in any capacity, arising out of any acts, conduct, events, or transactions alleged or that could have been alleged relating in any way to the Disputed Fees during the Class Period.