But Cote has ruled that the county did the opposite — seeking «to undercut public confidence in the consent degree» as part of a «concerted effort to influence public
opinion against the settlement and its stated goal of improving communities.»
In the federal court order, Cote stated that the county's campaign to encourage support for affordable housing has been inadequate thus far — that Westchester County «sought to undercut public confidence in the consent decree... [in a] concerted effort to influence public
opinion against the settlement and its stated goal of improving communities.»
Not exact matches
[127] Professor Piché in her text Fairness in Class Action
Settlements, supra at pp. 179 - 80 summarizes the various factors for the
settlement approval test into seven factors; i.e.: (1) judicial risk analysis: likelihood of recovery, or likelihood of success on the merits weighed
against amount and form of
settlement relief; (2) future expense, complexity and likely duration of litigation; (3) class reaction: number and nature of objections; (4) recommendations and experience of counsel and
opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed
settlement to absent class members.
However, if the
settlement stage does not generate the best possible outcome for you (in the
opinion of your experienced attorney) it might be better to appeal
against what was offered at the
settlement stage and continue to take your Fosamax injury claim all the way to trial.