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Old 01-26-2018, 08:59 AM
tdj tdj is offline
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Originally Posted by yourself View Post
Generally, and this is based on this being not an area I practice in, but cases I saw back when I was a federal clerk, this is what happens:

Once there is a settlement, the contact will switch over to an automated system because everybody and their mother will look into whether they belong to the certified class, and whether they joined the lawsuit within the timeframe necessary to belong to that class. Instead of answering the same question over and over, they tend to use an automated system.

Once there's a settlement reached, the case will usually say that the case has been decided via settlement. Frequently, the amount of the settlement will not appear as it is qualified as "confidential" the confidentiality considered part of the settlement.

The amount of the settlement may be appealable, and the settlement amount may be placed in trust at that point to determine the merits of any and all appeals. So, it could still be a while.

They want you to join the class as the number of people in the class can determine the size of the overall settlement.

The settlement is then reduced by costs and fees, the remainder divided up by class members who have joined the class within a certain timeframe, usually before settlement has been reached. If you don't join the class, it usually means you aren't interested or that you have retained private counsel to pursue your own litigation. The later happens frequently when a plaintiff's injury is substantial and the estimated amount of that plaintiffs portion of any settlement will not be enough to cover the costs of that damage and future damages. Think in terms of a case where most injuries result in $5k damages, but a very few have injuries with an estimated lifetime cost of $500k. The class wants the $500k to join as it really kicks up the overall amount of the settlement, but it is rarely fair to the plaintiff suffering $500k in lifetime damages.

You can always determine which potential law suit is "yours" by looking up both the defendant's name as well as the plaintiff side attorneys.

Oh,mans you are usually limited in the amount of time you can claim your portion of the claim once a settlement has been reached and there has been an actual payout to the Plaintiff's side, and not in trust to the plaintiffs paid to the court while an appeal or several are happening.

This isn't much, I know, but it might help yo with PACER a bit, and explain a bit of what is going on. Basically, the Plaintiff's attorneys are getting hammered with inquiries to demands and even death threats looking for money. The plaintiff's attorneys are doing their algebra, sending out notices to those who can claim, those notices instructing them on how to make a claim and the time frame to do it in.
From my understand, the paper we got said we were already included in it, and that unless we responded, then we were in essence saying we agreed to the settlement. I don't think there's anything left for us to do. I didn't get far with PACER, because it wanted my tax i.d number, which I have no clue what that is or how to get it.
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