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In July 1992, the parties reached a settlement without
trial. Thereupon, the parties filed a joint stipulation of
settlement with the District Court. Pursuant to this joint
stipulation of settlement, AHP agreed to pay $24 million in full
satisfaction of all of the claims brought against it in the class
action. The joint stipulation of settlement did not allocate the
settlement proceeds for any particular claim. However, the
proceeds were allocated among court-approved expenses, class
counsel, the Union, and class members. The joint stipulation of
settlement provided guidelines pursuant to which an independent
trustee would determine the appropriate amount to compensate
individual class members for their demonstrated employment-
related economic harm. Pursuant to this stipulation, economic
harm was to be measured based upon factors such as age, duration
of employment with the company, salary history, and subsequent
employment history, including the date of new employment and
salary history. Noneconomic injury was not a factor to be
considered in the independent trustee's allocation of the
recovery to the class members.
Subsequently, class members, including petitioner, received a
notice of proposed settlement and settlement hearing. The notice
of proposed settlement reiterated that the lawsuit sought to
recover for harm resulting from the Defendants' violation of the
RICO Act and interference with the class members' prospective
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