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Remember that it's a settlement to avoid a trial. The settlement amount is going to be somewhere in between $0 and the real damages, modified by the odds of wi
by smackfu 12y ago
Remember that it's a settlement to avoid a trial. The settlement amount is going to be somewhere in between $0 and the real damages, modified by the odds of winning the trial. Additionally, the lawyers in a class action have a real aversion to going to trial, since they are working on contingency and get nothing if it goes to trial and they lose. That should drive the settlement offer down too.
- jacquesm 12y agoIt would seem then that that is an excellent reason to litigate this on your own rather than through a class action.
- deleted 12y ago[deleted]
- smackfu 12y agoForgot to mention, you also have to make the distinction between actual damages and trial damages. We've seen in many cases that damages were not as high as requested, and then were lowered upon appeal.