More details to this question:
i'd like to share an experience that i had, where i opted out of a class action lawsuit and received what i believe to be a substantially higher payoff than those who remained in the class. i had received notice that i was part of a class action against a former employer of mine. having experienced low pay-offs in such class actions before, i thought "let's see what happens if i just opt-out". i did nothing, but check the "opt out" box and send the form back in the mail. weeks later, i received a more substantial settlement payment than any previous class action that i had ever been part of. it also looked as if there were some legalese accompanying the check, stating that the act of cashing the check would by synonymous with agreeing to that as the settled-upon amount. needless to say, i happily cashed it. no effort or expense on my part and no insulting pittance for all their misdeeds. my question: is this kind of secondary settlement offering typical?
1 ANSWER
I am not a class action lawyer, but no, I have never heard of that.
I am not convinced that the legalese that accepting the money meant you could not sue is enforceable. Why couldn't you take the position that you accepted it as a downpayment and partial compensation for what you are really owed and what your really damages are? Just because they write something like "in full and final satisfaction" on the back of the check doesn't mean you can't cross it out and treat it as just money they have paid you. You can still ask for more.
They probably figure that having received that amount, most people will respect their language about it constituting a release and waiver of further claims, most people won't bother trying to get any marginal additional money, and if they did, the court might make you return the money as a condition precedent to hearing your case. Even you aren't inclined to pursue the matter further.
But this is not my area. I'm a real estate and construction attorney.
Dana Sack
510-286-2200
www.sackrosendin.com
Answered on Jul 25th, 2013 at 5:42 PM