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Class Action Settlement...

by Matt
(Port Colborne, Ontario, Canada)

(Regarding the inco settlement in Port Colborne Ontario.)

A lot of people here in town think they are going to receive money because of the settlement and because they live in the east side of the city where the majority of contamination is. I am of the opinion that if you did not sign up as a plaintiff you are not eligible to receive a settlement amount.

Can you clarify how class action suit settlements are handled in general? and if I am correct in my opinion?

Thank you

a concerned Port resident

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

Comments for
Class Action Settlement...

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Member of the Class
by: Law Lady

You are correct. When there is a class action suit, one party will be the lead meaning that their name is listed in the caption and they are considered to represent the class. Living in a particular neighborhood may only qualify you as a member, but there is more to be done.

Usually, a mass letter will go out to all members of the class advising you on the next steps. In my experience, it requires affirmative action on the party of the class member to opt-in to the law suit. Failure to meet those conditions typically means that you are not considered a class member.

I would advise contacting the plaintiff's attorney that represents the class. This will be in the top right corner of any notice advising you of a class action law suit. Ask what you need to do in order to opt in or out of the settlement.

This helps them determine how to apportion damages received because the more members, the less each take from a law suit.

Good luck.

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