604-689-7555 or 1-800-689-2322
VIEW ACTIVE CLASS ACTIONS

Class Action Updates

June 5, 2019

Settlement A settlement has been reached with the defendant, Nishikawa Rubber Co. (“Nishikawa”), in the amount of $5,750,000. The Nishikawa settlement releases the claims against…

May 13, 2019

Settlements have been reached with LG Chem and Toshiba totaling over $5 million.

May 7, 2019

Settlements have been reached with the defendants in the following actions: Starters Mitsuba Corporation and American Mitsuba Corporation (“Mitsuba”), in the amount of $1,228,599.32. Windshield…

REFERRALS
INFORMATION FOR LAWYERS LOOKING FOR LEGAL EXPERTISE IN BC AND CANADA

7. How did you calculate the settlement amount?

We did not calculate the settlement amount. It is the result of negotiation. Negotiation is more of an art than a science, and settling is about trading risk for certainty.

If we had gone to trial, we might have obtained more money. But we might also have obtained less, or nothing at all. That is the “risk” of going to trial. In addition, going to trial is expensive in both lawyers’ time and in money (expert fees and other out of pocket expenses).

A settlement is much more certain – the amount is set. We lose the opportunity to get more, but we also no longer have the possibility of getting less or nothing at all.

We start out by calculating what we think we would win after trial if we won absolutely every argument. This is our best case scenario.

Then we think about how likely we are to get that amount, and what amounts are more likely.

Then we negotiate back and forth with the defendants.

In the end, we try to get to a number that is within the range of reasonable outcomes at trial. That is where we consider this settlement amount to be.

 

Posted in: Questions about the Settlement Agreement, Teck/Cominco Class Action FAQs

BACK TO TOP