- 5 - part: the * * * Plaintiffs * * * hereby release and discharge PayLess * * * from all actions, claims, or demands for damages, liabilities, costs, or expenses, which the Plaintiffs * * * have against PayLess on account of, or in any way arising out of the claims that were asserted or that could have been asserted in the Lawsuit by the Plaintiffs * * * including, but not limited to, claims for personal injuries, intentional infliction of emotional distress, negligent infliction of emotional distress, and from all known claims, whether based on tort, statute or contract, which are based in whole or in part, or arise out of, or in any way relate to: (1) the Lawsuit; and (2) anything done or allegedly done by PayLess arising out of, or in conjunction with or relating to, the employment of any and/or all Plaintiffs * * * by PayLess. The Settlement Agreement additionally included section 8, entitled Liability Denial and Basis For Settlement, which provided: PayLess denies any liability on its part and enters into this agreement solely to avoid litigation and to buy its peace. All Settlement Proceeds are paid to Plaintiffs on account of personal injuries. This Settlement Agreement and the releases contained herein settle and resolve all claims which have to this point been contested and denied by the parties, as well as all other claims released by paragraphs 3 and 4 of this Settlement Agreement. None of the provisions of this Settlement Agreement and nothing contained in this Settlement Agreement shall be construed as an admission of any liability whatsoever by any party hereto to any other party hereto. [Emphasis added.] As a member of the class of former employees of PayLess, petitioner, during 1995, received $40,611.46, from which $14,023 was deducted for attorney's fees and costs, for a net amount ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011