Settlement FAQs

what does be bound by the settlement mean

by Claire Lindgren Published 3 years ago Updated 2 years ago
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If the Court approves the Settlement, and after objections and appeals are resolved, Class Members will be bound by the judgment and terms of the Settlement. The Notice explains the lawsuit, the Settlement, Class Members' legal rights and options, and the deadlines for Class Members to exercise their rights.

When the parties reach a settlement, they should put it in writing and have all parties sign it so that everyone understands the terms of the settlement and agree to be bound by it. Also, a written settlement agreement keeps the parties from later disputing the terms and conditions of the settlement.Aug 3, 2016

Full Answer

What is a settlement boundary?

In simple terms, a 'settlement boundary' is a dividing line, or boundary between areas of built/urban development (the settlement) and non-urban or rural development (the open countryside).

What happens after a settlement is approved by the court?

If the Court approves the Settlement, and after objections and appeals are resolved, Class Members will be bound by the judgment and terms of the Settlement. The Notice explains the lawsuit, the Settlement, Class Members' legal rights and options, and the deadlines for Class Members to exercise their rights.

What does it mean to be bound over to Circuit Court?

If that hearing is held and the burden of proof met, the Defendant is "bound over" to Circuit Court, the Trial Court for felony level cases to stand trial on the charges. A Defendant can "waive" the preliminary examination and voluntarily be bound over to Circuit Court.

Who is eligible to receive payment from the settlement class periods?

You may be eligible to receive payment if you are an Individual, Insured Group 1 (and their employees) or Self-Funded Account 2 (and their employees) that purchased or were enrolled in a Blue Cross or Blue Shield health insurance or administrative services plan during one of the two Settlement Class Periods.

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Who is bound by a class action?

Yes, if the court decides the underlying legal proceedings were fair, then all class members who are absent are generally bound by the judgment or settlement of a case.

What does it mean to participate in a settlement?

Participating as a Class Member By participating in this manner would mean giving up any right you might have had to file your own private lawsuit. The affected will have no other option to independently pursue a case against the defending party with a private claim.

Why did I get a Notice of class action settlement?

If you received a class action notice in the mail, this simply means that your legal rights may be affected by a lawsuit that was recently filed or settled. Notices are sent to people whose rights could be affected by a class action.

What happens if you do nothing in a class action lawsuit?

If you do nothing, you will become a Class Member bound by the terms of the Settlement Agreement and Final Judgment, thus forfeiting your right to sue on your own regarding any claims that are part of the settlement.

Is it smart to join a class action lawsuit?

In most cases, it is a good idea to join the class action if you believe you suffered injuries or financial losses caused by the defendant. We do recommend you give us a call and discuss your situation with one of our class action lawsuit attorneys before you make a decision, however.

How do settlements work?

A settlement agreement works by the parties coming to terms on a resolution of the case. The parties agree on exactly what the outcome is going to be. They put the agreement in writing, and both parties sign it. Then, the settlement agreement has the same effect as though the jury decided the case with that outcome.

Can you ignore a class action lawsuit?

If a plaintiff participates in a class action lawsuit, he or she gives up the right to file an individual lawsuit against the defendant. However, a person may opt out of a class action lawsuit and choose not to participate, which gives him or her the right to file an individual lawsuit against the defendant.

What is a class settlement payment?

A class-action lawsuit settlement is the proceeds that are received from winning a class-action lawsuit. It is the monetary benefit paid out to the individuals that make up the class-action lawsuit.

Are class action settlements taxable?

The general rule of taxability for amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61 that states all income is taxable from whatever source derived, unless exempted by another section of the code.

What happens if you lose a settlement?

If a class action ends in a settlement, the settlement award is divided and distributed among Class Members. However, if a settlement is not reached, the case will then go to trial. Of course, as with any trial, there is some level of risk that the court will side with the defendant rather than with the plaintiffs.

How is money divided in a class action lawsuit?

Pro rata settlements divide money in a class action lawsuit by splitting the amount equally among the Class Members. The share each Class Member will receive can depend on either the total number of individuals in the Class or by the number of valid claims filed, depending on how the agreement is drafted.

Is a class action lawsuit worth it?

Class Action Lawsuits Are More Efficient Than Individual Cases. Rather than the courts having to deal with hundreds or even thousands of individual cases across the country, each one having lawyers for both the company and the plaintiffs, there's only one case to litigate and follow.

What happens after you agree to a settlement?

After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.

What is the purpose of a settlement agreement?

A settlement agreement is a type of legal contract that helps to resolve disputes among parties by coming to a mutual agreement on the terms. Primarily used in civil law matters, the settlement agreement acts as a legally binding contract. Both parties agree to the judgment's outcome in advance.

Do I have to accept a settlement agreement?

Do I have to accept a settlement agreement offered? The short answer is no, you do not have to sign a settlement agreement.

What should be included in a settlement agreement?

A settlement agreement always includes monetary and/or non-monetary consideration provided to the claimant to settle known claims against the business....Waiver of Certain Claims.Earned wages.Business expense reimbursement.Unemployment insurance.COBRA.Workers' compensation insurance.

What is the amount of money deposited into the Tobacco Settlement Bond Proceeds Account?

Moneys All earnings on Fund investments shall be deposited into the Tobacco Settlement Bond Proceeds Account and the Tobacco Settlement Residual Account as provided by the terms of the Railsplitter Tobacco Settlement Authority Act, provided that an annual amount not less than $2,500,000, subject to appropriation, shall be deposited into the Tobacco Settlement Residual Account for use by the Attorney General for enforcement of the Master Settlement Agreement.

What is settlement bond?

Settlement Bond means a bond issued to ASTC at the request of a Participant in accordance with Rule 4.9.1.

What happens if a company loses a settlement bond?

In the event of a loss of securities covered under this Settlement Bond, the COMPANY may, at its sole discretion, purchase replacement securities, tender the value of the securities in money, or issue its indemnity to effect replacement securities.

Where are the net proceeds of tobacco bonds deposited?

The net proceeds of bonds shall be deposited by the State in the Tobacco Settlement Bond Proceed s Account, and shall be used by the State (either directly or by reimbursement) for the payment of outstanding obligations of the General Revenue Fund or to supplement the Tobacco Settlement Residual Account to pay for appropriated obligations of the Tobacco Settlement Recovery Fund for State fiscal year 2011 through 2013.

Is the new UAL ORD settlement bond acceptable?

Pursuant to the Chicago Municipal Bond Settlement Order and the Chicago Municipal Bond Settlement Agreement, the New UAL ORD Settlement Bond documents shall be reasonably acceptable to Stark Investment LP.

What is an agricultural farmstead?

Agricultural farmsteads are characteristically part of the countryside and provide the historical connection between settlements and their agricultural origins. These buildings can provide visual links to the rural context beyond. Therefore, where farmsteads are situated on the edge of the built form of settlements, they will be excluded if they are not well related to the settlement. Where farmsteads are clearly integral to the built up part of the settlement, they will be included within the settlement boundary.

What is the methodology for defining settlement boundaries?

There is no single established methodology for defining settlement boundaries, and different local planning authorities across the country have taken different approaches to drawing settlement boundaries. However, where a methodology has been used the criteria are generally similar from one local authority to another. These include questions such as whether to draw a boundary around clusters of buildings close to but separate from the main settlement; and whether particular uses should be included or excluded from the boundary, where they occur at the edge of a settlement. This report has drawn on existing methodologies and sought to establish a methodology considered to be most appropriate within the context of the sensitive landscape around Ellingham, and the local context. The methodology does not determine whether a settlement will have a boundary or not. The decision to define settlement boundaries has been taken by the qualifying body, in consultation with the local community, in the production of the Ellingham Neighbourhood Plan, to give clarity and context to policies proposed.

What is settlement boundary?

In simple terms, a 'settlement boundary' is a dividing line, or boundary between areas of built/urban development (the settlement) and non-urban or rural development (the open countryside). Although a settlement boundary does not preclude all development beyond the boundary2, it does give clarity as to where new development (particularly housing) is likely to be acceptable in planning terms. The Ellingham Neighbourhood Plan may allocate land for housing. Any proposed housing sites will be included within the settlement boundary. The Plan is proposing to take a positive stance with regard to the provision of affordable housing, and so proposes to support ‘exceptions’ sites beyond (but adjoining) the settlement boundary.

What is Ellingham's neighbourhood plan?

The Ellingham Neighbourhood Plan will propose a general presumption in favour of sustainable development within the settlement boundary of the village. The current strategic plan for the neighbourhood plan area is the Berwick-upon-Tweed Borough Local Plan (April 1999). Northumberland County Council is in the process of preparing a County-wide Local Plan. This has been through the first stage of consultation. The Northumberland Local Plan proposes settlement boundaries for those settlements in the County that are not producing neighbourhood plans. As Ellingham is producing a neighbourhood plan, it is up to the Parish to decide where the settlement boundary should go, based on a clear set of criteria.

How many members of large, geographically dispersed, self-funded national Employers are eligible for the second blue?

The Second Blue Bid provision of the Settlement Agreement was designed to enable 33 million Members of large, geographically dispersed, self-funded national Employers to have the opportunity to receive a Second Blue Bid.

Why is the Court approving the settlement notice?

The Court authorized the Notice because Class Members have a right to know about the proposed Settlement of certain claims against Settling Defendants in this class action lawsuit and about Class Members' options before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after objections ...

What is the purpose of a claims administrator?

The Claims Administrator is required to keep this information confidential and use it only for the purposes of effectuating a notice plan, administering and calculating claims, distributing Settlement funds, and otherwise carrying out the work necessary to administer the Settlement.

What does "objecting" mean in court?

Objecting is telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement Classes. Excluding yourself is telling the Court that you do not want to be part of the Settlement Classes or the lawsuit as outlined in FAQ 28.

What is a class action lawsuit?

In a class action lawsuit, one or more people or businesses called class representatives sue on behalf of others who have similar claims. All of the people or businesses who have similar claims together are a “class” or “class members” if the class is certified by the Court. Individual class members do not have to file a lawsuit to participate in ...

Is Medicare Supplemental covered by Settlement?

Medicare Advantage policies are not within the scope of products included in the Settlement classes. However, Medicare Supplemental policies are within the scope of products included in the Settlement classes, so long as they meet the other criteria (e.g., dates of coverage).

Is Blue Cross Blue Shield a class member?

If you were covered by certain Blue Cross Blue Shield health insurance or administrative services plans between February 2008 and October 2020, you may be a Class Member. The Court certified two Settlement Classes in this case, a Damages Class and an Injunctive Relief Class. You may be included in both Settlement Classes.

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