Damages Class definition

Damages Class is composed of individuals who, between October 22, 2012 (two years prior to the filing of the original complaint, which is the statute of limitations period under 42 U.S.C. § 1983) and March 31, 2018 (the end of the month in which the settlement was reached in principle) were GBT inmates housed in the ALT of the San Bernardino County Jail facility known as West Valley Detention Center (“WVDC”).

Damages Class. All WNT players who were members of the WNT at any time from June 11, 2015 through the date of class certification on November 8, 2019.

Damages Class or “Damages Class Member” means and includes all persons who during the Damages Class Period (a) were inmates at the Jail (i.e., were under arrest and had been transported or were being transported to the Jail in the custody of the BCSO (but not any other law enforcement agency)), and (b) during their period of confinement, suffered from an obvious or diagnosed medical condition (or conditions) and either (i) received no medical care for said condition (or conditions) or (ii) despite any medical attention received, suffered a worsening of said condition (or conditions) and/or unnecessary pain, suffering, or discomfort. For purposes of this Agreement and the releases contemplated herein, the Damages Class includes all persons who are included within this definition, including if such persons: (1) fail to file a claim pursuant to the terms of this Settlement Agreement, and (2) file one or more Damages Claims but receive a negative determination with respect to same.

Examples of Damages Class in a sentence

• As a direct and proximate result of defendants’ unlawful conduct, plaintiffs and members of the Damages Class have been injured in their business and property and are threatened with further injury.

• As a direct and proximate result of Defendants’ unlawful conduct, Plaintiffs and members of the Damages Class have been injured in their business and property and are threatened with further injury.

• As a direct and proximate result of Defendants’ violations of law, Plaintiffs and members of the Damages Class suffered an ascertainable loss of money or property as a result of Defendants’ use or employment of unconscionable and deceptive commercial practices as set forth above.

• Defendants deliberately failed to disclose material facts to Plaintiffs and members of the Damages Class concerning Defendants’ unlawful activities and artificially inflated prices for generic Pravastatin.

• As a direct and proximate result of Defendants’ violations of law, Plaintiff and members of the Damages Class suffered an ascertainable loss of money or property as a result of Defendants’ use or employment of unconscionable and deceptive commercial practices as set forth above.

• Here, the Damages Class, the Self-Funded Sub-Class, and the Injunctive Relief Class each consist of tens of millions of members, a number that easily meets this standard.

• The Total Opt-Out Percentage is a fraction, the numerator of which is the Total Number of Damages Class Members that have validly and timely requested to be excluded from the Settlement Class, and the denominator of which is the Total Number of Damages Class Members.

• Defendants will pay $2.67 billion to the Settlement Fund, which will include distributions to the Damages Class and the Self-Funded Sub-Class, Notice and Administration costs, and any Fee and Expense Award.• Injunctive Relief.

• For the reasons discussed below, the Economic and Property Damages Class (the “Settlement Class,” set out in Appendix B to this Order and Reasons) may be certified pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3), for purposes of settlement only.Settlement classes are a typical feature of modern class litigation, and courts routinely certify them, under the guidance of Amchem Prods., Inc.

• Moreover, as a result of the nationwide reach of the alleged conspiracy, Subscriber Plaintiffs allege that virtually every member of the Damages Class suffered antitrust injury through higher premiums, depressed competition, lessened innovation, and loss of consumer choice.

More Definitions of Damages Class

Damages Class means and include all persons who, during the Damages Class Period, (a) were inmates at the Jail (i.e., were under arrest and had been transported or were being transported to the Jail in the custody of the BCSO (but not any other law enforcement agency)); and (b) during their period of confinement, suffered from an obvious or diagnosed medical condition (or conditions) and either (i) received no medical care for said condition (or conditions) or (ii) despite any medical attention received, suffered a worsening of said condition (or conditions) and/or unnecessary pain, suffering, or discomfort.

Damages Class means all persons or entities who received cash distributions from the Depositary-sponsored ADRs listed in Appendix 1 hereto from January 1,

Damages Class or “Damages Class Members” means all Current Residents and all Former Residents, who resided at Oak Point at any point between September 25, 2012 and the Effective Date of this Settlement. The Damages Class expressly excludes all Eligible Future Residents (as they are eligible for only the Injunctive Relief provided by this Agreement).

Damages Class shall be defined as follows: