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economic advantages as employees. The notice of proposed
settlement then informed the class members regarding the method
selected to compensate individual class members for their
demonstrated economic harm arising from the loss of their
employment. Individual class members were given the option to
exclude themselves from the proposed settlement for any reason,
including the possibility that their claim was more expansive
than one for employment-related economic loss.
Individual class members were required to submit a proof of
claim and release to the independent trustee to claim a portion
of the recovery. The proof of claim and release form was
designed to measure each individual class member's degree of
employment-related economic harm. The form inquired as to the
individual class member's age, years of service with AHP, job
classification at the time of separation, whether the individual
was bumped down before separation, whether the individual
received severance pay at the time of separation, how the
individual's current benefits differed from those received at
AHP, and the individual's current sources of income. No inquiry
was made as to whether an individual class member had suffered
any physical or emotional injury.
Petitioner claimed entitlement to a portion of the class
action recovery and stated in his proof of claim as follows:
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Last modified: May 25, 2011