Question about legal terms of a Settlement (lawyer?)?

Question

I am part of a class action settlement that has already gone to court and had a settlement agreed upon. Ive read through the terms at least 3 times, and for some reason today I found something that I had not seen before. And honestly has me concerned, so Im hoping someone else has been through their own and knows what this means, OR, a laywer who understands the terms, etc. will read and inform me. Heres what I read:

"Defendants payments of class counsels attorneys fees pursuant to this settlement agreement shall constitute full satisfaction of defendants and/or any of the released parties obligation to pay any amount to any person, attorney or law firm of attorneys fees, expenses or costs in the class action incurred on behalf of the named plaintiffs or the settlement class, and shall relieve released parties from any other claims or liability to any other attorney or law firm for any attorneys fees, expenses and/ or costs to which any of them may claim to be entitled on behalf of the named plaintiffs and/ or the settlement class.

Any class members not excluding himself or herself from the settlement will be deemed to have released any and all claims, demands, rights, liabilities, penalties, damages, liquidated damages and causes of action of every nature and description whatsoever, known or unknown, asserted or that might have been asserted whether in tort, contract, or for violation of any local, state, or federal constitution, statute, rule or regulation, including local, state and federal wage and hour laws, arising out of, relating to, or in connection with any of the settled claims.

If I am reading this right and I hope I am not, it sounds like the defendant only has to pay the attorney fees in this case, and that unless I filled out the release exclusion) form that I and any of the other plaintiffs would no longer be entitled to anything, and that once the defendant pays the above listed attorneys fees it relieves them of paying ANYTHING else to ANYONE else involved as a listed plaintiff in the case. Am I reading this wrong? Because I was told both in the settlement papers included letter to plaintiffs, and via phone conversation that all the plaintiffs had to do was fill out the Claim form and mail it in. Which is a totally different form that the also included exclusion form.

Answer 1

It is complex, but I think the thing is that you don't get it both ways. You can sign out of the agreement, or you can take the settlement.. but you don't get to accept the class payment, then sue on your own.

We had one of the class settlement cases.. and we got close to $700. I don't think it means that they are off the hook, once they pay the attorneys.  

Answer 2

Those provisions state that Plaintiff's attorneys will be paid out of the settlement and that they agree it is all they are going to get paid.  In effect, it is the Defendant's way to make sure that the Plaintiff's attorneys don't come after them for more fees and costs at some point in the future.

If there is another section specifically describing what you are going to get, then that is what you can expect to receive.  If you have any questions, you should call the firm that is representing your interests in the class.

Usually, but not always, it is in your best interest to remain a part of the class settlement, unless you already have an attorney who has specifically advised you that you should not join the class.

Further, if you feel satisfied with what you are to receive from the class settlement, isn't that enough?

Answer 3

If I'm reading it correctly, it says that, as part of the settlement, the Defendant (they) will pay the class-action Plaintiff's (your) attorney fees & expenses incurred in bringing the suit and making the settlement.

It doesn't necessarily mean that the Defendant ONLY has to pay the attorney fees, although that's a possibility. You'll need to review the  settlement to determine what other recovery, if any, the class is entitled to.

Further, it says that if you joined the class-action, the settlement resolution is binding on you, and you cannot bring another suit as an individual or a member of another class arising from any of the claims that were settled.

This is standard, and is also known by the legal term "claim preclusion."

Answer 4

Most class action lawsuits do little for the plaintiffs.  Frequently, what happens is that the defendant agrees to pay the lawyers, with little or nothing for the plaintiffs.  When you signed up to be part of the class, you agreed to let the lawyers make all decisions.

Guess what?  That means that if the defendant agrees to pay the lawyers a big chunk of money, the lawyers aren't going to turn that down.

In this case, the language seems to suggest that this is the case.  If you've agreed to be part of the class, then you may get little to nothing.

If you have a legit case against someone, don't join the class.  Instead, take the matter up on your own.  Yes, this means that you'll have to pay for a lawyer and bear the risk of losing... but it also means that the payout (if any) goes to you and you alone.  What you lose from that is a matter of what you've negotiated with your lawyer.

If you're not willing to take the risk, you might as well be part of the class.  Just realize that since you risked nothing, you should expect nothing.