US: Settling Class Actions
As robust as US antitrust law’s liability regime is, a verdict is by no means assured for plaintiffs. Thus, plaintiffs also face pressure to resolve claims, from the uncertainty of a potential judgment in their favour or its size, the expense of funding litigation (which is typically conducted on a contingency-fee basis where plaintiffs’ counsel are not paid until the conclusion of the litigation), and the length of time between filing a lawsuit to its potential resolution – which can take years to go to trial to say nothing of appeals.
02 February 2021