SUMMARY OF SETTLEMENT. The Settlement Class is defined above, and generally consist of all persons or entities who, from January 1, 2011, through December 29, 2013 (the “Class Period”), tendered to UPS (or paying party if the package was billed to a different account than the shipper) one or more U.S. origin packages under contract with UPS with a declared value in excess of $300 charged pursuant to UPS’s published non-Retail rates or in excess of $200 charged pursuant to UPS’s published Retail rates. The Settlement provides monetary benefits to the Settlement Class of $4,850,000 into a Settlement Common Fund, and UPS will also pay one-half of the settlement administration and notice costs. In addition, the Settlement provides changes to the language of UPS’s U.S. Rate and Service Guide’s pricing tables for at least three years. Class Counsel believe the Settlement provides substantial benefits to the Class. UPS disputes that it has overcharged under the language of its U.S. Rate and Service Guides, and a jury might agree. Moreover, UPS asserts that only claims dating back 180 days or less from December 29, 2013, potentially qualify for Plaintiff’s claim as opposed to those dating back to January 1, 2011, which is the scope of the Settlement Class. As with any litigation, the Parties would face an uncertain outcome if the case were to continue. Continued litigation of this case may result in a judgment or verdict greater or less than the recovery under the Settlement Agreement, or result in no recovery at all. Throughout the Lawsuit, Plaintiff and UPS have disagreed on liability and damages. UPS denies all allegations of wrongdoing. Plaintiff disagrees. Class Counsel represent that, among other things, (1) they have conducted an extensive investigation into the facts, circumstances, and legal issues associated with the allegations made in this case; (2) they believe, based on the risks of litigation, the time necessary to achieve a complete resolution through litigation, the complexity of the claims set forth in the Amended Complaint, and the benefit accruing to Class Members under the Settlement, that the Settlement will provide a substantial benefit to the Settlement Class, and that, when that benefit is weighed against the risks of continuing the Litigation, the Settlement represents a reasonable, fair, and adequate resolution of the claims presented; and (3) they believe the Settlement will provide the Settlement Class with much of the benefits and protections they would hav...
SUMMARY OF SETTLEMENT. On November 19, 2004, the Class Representatives filed this lawsuit, on behalf of themselves and a class of current and former female sales force employees of Novartis Pharmaceuticals Corporation (“Novartis” or “NPC”), claiming that Novartis discriminated against women in three main respects: (1) pay; (2) promotion to management; and (3) on the basis of pregnancy. The Class Representatives litigated this gender discrimination case against Novartis for nearly six years until the parties reached a final settlement agreement in July 2010. The Settlement makes available settlement benefits of up to $175,000,000 ($175 million) in monetary and non-monetary relief, comprised of a cash payment of up to $152,500,000 ($152.5 million) (the “Settlement Fund”) and of changes to Novartis’s employment practices valued at $22,500,000 ($22.5 million), as described in this Notice. As a former or current female sales force employee, you are eligible to participate in the settlement benefits.
SUMMARY OF SETTLEMENT. Every year for ten years, Defendants will contribute $1.1 million to the Plan. Defendants will make the first payment within sixty (60) days after the Order approving the Settlement becomes Final and non-appealable, or after the disposition of any such appeal or other proceeding for review. While the Plan will continue to operate as a “Church Plan” exempt from ERISA, the Settlement provides significant non-monetary equitable consideration, in that the participants in the Plan will receive certain ERISA-like protections relating to the payment of their benefits for the next eight years. Defendants have also agreed to pay a maximum of $870,000 to be used to fund Class Counsel’s requested attorneys’ fees and for expenses actually incurred and/or an Incentive Fee to the Named Plaintiff. The application for expenses and an Incentive Fee for the Named Plaintiff will not exceed $50,000. The Court has the sole discretion as to whether, and/or in what amounts up to a total of $870,000, to award attorney’s fees, expenses, and/or an Incentive Fee. As with any litigation, the Parties would face an uncertain outcome if the Action were to continue against Defendants. Continued litigation of the Action against Defendants could result in a judgment or verdict greater or less than the recovery under the Settlement Agreement, or in no recovery at all. Throughout this litigation, the Named Plaintiff and Defendants have disagreed on both liability and damages, and they do not agree on the amount that would be recoverable even if the Named Plaintiff were to prevail at trial. Defendants, among other things:
SUMMARY OF SETTLEMENT. The Settlement provides that if the Plan has insufficient funds to pay full benefits to Plan Participants at any time in the next fifteen (15) years, MLBH will contribute sufficient funds to make up any shortfall. During the same fifteen-year time period, the Settlement further provides that MLBH will provide participants with summary plan descriptions, summaries of material modifications to the Plan and annual funding notices substantially similar to the documents that are required to be provided by ERISA plans. As with any litigation, the Parties would face an uncertain outcome if the Action were to continue against Defendants. Continued litigation of the Action against Defendants could result in a judgment greater or less than the recovery under the Settlement Agreement, or in no recovery at all. Throughout this Action, the Named Plaintiff and Defendants have disagreed on liability. Defendants, among other things: (1) have denied, and continue to deny, the material allegations of the Complaint; (2) have denied, and continue to deny, any wrongdoing or liability whatsoever; (3) believe that they acted at all times reasonably and prudently with respect to the Plan, its participants and beneficiaries, and the Settlement Class; (4) would assert certain other defenses if this Settlement is not consummated; and (5) are entering into the Settlement solely to avoid the cost, disruption, and uncertainty of litigation. Nevertheless, the Parties have taken into account the uncertainty and risks inherent in this litigation, particularly its complex nature, and have concluded that it is desirable that the Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement. Please visit [URL] if you have additional questions. BASIC INFORMATION
SUMMARY OF SETTLEMENT. The Settlement provides for changes in the rates and in other rate-related provisions applicable to Maritimes’ various services. The Settlement is an integrated and comprehensive settlement of the proceeding in the above-captioned docket. The Settlement results in recourse rates that are significantly below the as-filed recourse rates in this proceeding. If approved, the Settlement will resolve the issues set for hearing at a much earlier date than if the Participants fully litigated this case, and will result in much earlier payment of refunds. Moreover, the Settlement, if approved, will benefit all Participants by saving valuable time and resources through the discontinuance of the litigation process and will remove the uncertainty involved in fully litigating this case. The following is a brief description of the terms of the Settlement.
SUMMARY OF SETTLEMENT. NutriBullet has agreed to provide: (1) a ten dollar ($10.00) voucher to Settlement Class Members who submit a valid and timely Claim Form; and (2) provide an automatic six (6) month Extended Warranty to all Settlement Class Members. NutriBullet has also agreed to modify its warranty materials, pay a service award to the Class Representative up to $3,000, pay a combined award of attorney’s fees and costs to Class Counsel up to $195,000, and pay Settlement notice and administration costs estimated to be $62,185, subject to Court approval. For complete details of the Settlement, please visit www.[TBD Settlement Website Address].com or call 1-XXX-XXX-XXXX. Am I eligible for the voucher? Each Settlement Class Member who submits a valid and timely Claim Form will receive a $10.00 voucher if the Settlement is finally approved by the Court. Complete details about the voucher are available on the Settlement Website. How do I make a Settlement claim? To make a claim, you must submit a timely and completed Claim Form available at www.[TBD URL].com. Claim Forms submitted online must be submitted no later than 11:59 pm, Pacific Standard Time on [DATE]. Claim Forms submitted by U.S. mail must be postmarked no later than [DATE]. Do I have a lawyer? Yes. The Court has preliminarily appointed Xxxxx Xxxxxxxxxxx and Xxxxx X. Xxxx of Xxxxxxxxx Law Group, APC, and Xxxx Xxxxxxx of Black Oak Law Firm, as Class Counsel. These lawyers will be paid attorneys’ fees and costs by NutriBullet as approved by the Court. You may enter an appearance in the case through your own attorney if you so desire, but it is not required. What options are available to me? Settlement Class Members have four options, indicated below: SUBMIT A CLAIM FORM Submit a claim to the Settlement Administrator using a Claim Form to receive a $10.00 voucher by the deadline of [DEADLINE]. Claim Forms can be obtained or filled-out online at [URL]. Claim Forms may also be mailed to: [ADDRESS]. EXCLUDE YOURSELF You may exclude yourself from the Settlement by the deadline of [DEADLINE], if you do not want to be bound by the Settlement. If you exclude yourself, you cannot receive a $10.00 voucher from this Settlement or a free Extended Warranty, but your right to bring a lawsuit against NutriBullet for the claims alleged in the lawsuit will not be affected by the Settlement. If you do not exclude yourself, and the Settlement is approved, you will waive your right to sue NutriBullet for the claims asserted in the lawsuit...
SUMMARY OF SETTLEMENT. The Settlement provides for changes in the rates and in other rate-related provisions applicable to Texas Eastern’s various services necessary to reflect the increase in Texas Eastern’s cost of service. The Commission last approved Texas Eastern’s open-access transportation and storage rates contained in a settlement reached in Docket No. RP19-343, a general Section 4 rate case proceeding.12 The Settlement is an integrated and comprehensive settlement of this proceeding. The Settlement results in recourse rates that are significantly below the as-filed recourse rates in this proceeding. If approved, the Settlement will resolve the issues set for hearing at a much earlier date than if the Participants fully litigated this case and will result in much earlier payment of refunds. Moreover, the Settlement, if approved, will benefit all Participants by saving valuable time and resources through the discontinuance of the litigation process and will remove the uncertainty involved in fully litigating this case. The following is a brief description of the 10 Texas Eastern Transmission, LP, Order of Chief Judge Designating Settlement Judge, Docket No. RP21-1001 (Nov. 3, 2021). 11 The Participants met for settlement conferences on March 28, 2022; April 14, 2022; May 4, 2022; May 23, 2022; June 1, 2022; June 7, 2022; June 13, 2022; June 21-22, 2022; June 28, 2022; and July 6-7, 2022. 12 Texas Eastern Transmission, LP, 170 FERC ¶ 61,152 (2020). terms of the Settlement. Capitalized terms not otherwise defined herein shall have the meaning set forth for such terms in the Settlement.
SUMMARY OF SETTLEMENT. As explained in more detail below, the Settlement resolves the issues set for hearing in the Hearing Order and, among other things, establishes the Base XXX that PPL Electric will utilize in the Formula Rate Template for service provided on and after the refund effective date of May 21, 2020. The Preamble describes the Settling Parties and the effect of the Settlement on Xxxxxx Xx. XX00-00.
SUMMARY OF SETTLEMENT. A Settlement Fund will be established consisting of $750,000 in cash paid by Defendants’ insurer. The Net Settlement Amount, which will consist of the Settlement Fund minus certain amounts described in the Settlement Agreement, including District Court-approved attorneys’ fees and expenses and Service Awards, will be allocated among the Settlement Class in accordance with the Plan of Allocation to be approved by the District Court. (See Section 7 below for details about the Plan of Allocation). The Settlement Class consists of all persons who were participants in or beneficiaries of the Plans at any time between January 1, 2008 and September 11, 2009, both dates inclusive, and whose individual accounts in either or both Plans included investment in Company stock; provided, however, that Defendants and their heirs, Successors-in-Interest, or assigns, to the extent they acquire an interest held by Defendants, are excluded from the Settlement Class. As with any lawsuit, the Settling Parties would face an uncertain outcome if the Action were not settled. Continued litigation of the Action could result in a judgment greater or less than the recovery under the Settlement Agreement, or in no recovery at all. This litigation has been hotly contested. Named Plaintiffs and the Settling Defendants have disagreed about whether the Settling Defendants did anything wrong, and they do not agree on the amount that would be recoverable even if Plaintiffs were to win at trial. The Settling Defendants, among other things: (1) have denied, and continue to deny, the material allegations of the lawsuit; (2) have denied, and continue to deny, any wrongdoing or liability whatsoever; (3) believe that they acted at all times reasonably, prudently and lawfully with respect to the Plans, its participants and beneficiaries, and the Settlement Class and believe that they would prevail if trial were held on the claims; (4) would assert certain other defenses if the settlement is not consummated; and (5) are entering into the settlement solely to avoid the continued cost and disruption of litigation. For their part, the Settling Plaintiffs believe that serious breaches of fiduciary duty occurred, and are confident that they would ultimately prevail at trial and/or on appeal; however, given the dwindling insurance coverage they believe that any such victory might well be illusory as they would be unable to collect on a judgment in their favor. Plaintiffs’ Class Counsel will ask the Distri...
SUMMARY OF SETTLEMENT. A Settlement Fund has been established consisting of a deposit of $10,000,000 (ten million dollars) in cash paid by or on behalf of the Defendants, plus interest earned thereon. The Net Proceeds, which will consist of the Settlement Fund less certain amounts described in the Settlement Agreement, including expenses associated with Class Notice, Court-approved attorneys’ fees and expenses and Case Contribution Awards, taxes and other costs related to the administration of the Settlement Fund and implementation of the Plan of Allocation, will be allocated among the Settlement Class in accordance with the Plan of Allocation to be approved by the Court. (See Question 7 below for details of the Plan of Allocation). The Settlement Class consists of the following persons: (a) all Persons, who have been participants in The Bear Xxxxxxx Companies Inc. Employee Stock Ownership Plan, or the predecessors or successors thereto, at any time between August 1, 2007 and March 20, 2012 and whose accounts included investments in Bear Xxxxxxx stock, and
