Tuesday, December 3, 2013

Setting the Record Straight


Now that the shock at the section of the revised settlement that awards the objectors a "special award" has sunk in, let's set the record straight.

In one of the most selfish moves of all time, the objectors, led by Irvin Muchnick, stopped a settlement that would have taken effect in 2005.  They dragged the class members through court after court in search of what Muchnick termed was a settlement actually worth between $600 million to $2.6 billion.  Now, nine years later, Muchnick agrees to basically the same settlement plus 14 per cent.  We've already commented on the massive inconvenience, let alone several deaths, to the class members. 

Muchnick had a litany of complaints about the original settlement, including something he called "License by Default,"  the C-reduction, which could have reduced payments to C-class members, the actual value of the settlement, and the lack of sub-class representation.  The Appeals Court summarily dismissed every one of Muchnick's claims, except the ONE issue that the C sub-class lacked sufficient representation.  And even with that ONE issue, it was a 2-1 decision, with the dissenting judge writing an unusually long 16-page dissent.

And for winning that one small point, which insignificantly affected the revised settlement, Muchnick is due a "special award?"  How in the world can this be considered fair?