Swain v. Wilmington Trust N.A., 17-71-RGA. (2020)
Court: District Court, D. Delaware
Number: infdco20200127505
Visitors: 11
Filed: Jan. 21, 2020
Latest Update: Jan. 21, 2020
Summary: MEMORANDUM ORDER RICHARD G. ANDREWS , District Judge . I have separately entered an order of preliminary approval of the proposed settlement. Before doing so, I obtained a supplement to the original motion. (D.I. 103). The supplement is helpful. I understand from it that, just on the question of damages, there are at least three areas of disagreement between the experts. The three areas sound relatively independent of each other, meaning that I could find liability and yet still award subs
Summary: MEMORANDUM ORDER RICHARD G. ANDREWS , District Judge . I have separately entered an order of preliminary approval of the proposed settlement. Before doing so, I obtained a supplement to the original motion. (D.I. 103). The supplement is helpful. I understand from it that, just on the question of damages, there are at least three areas of disagreement between the experts. The three areas sound relatively independent of each other, meaning that I could find liability and yet still award subst..
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MEMORANDUM ORDER
RICHARD G. ANDREWS, District Judge.
I have separately entered an order of preliminary approval of the proposed settlement.
Before doing so, I obtained a supplement to the original motion. (D.I. 103). The supplement is helpful. I understand from it that, just on the question of damages, there are at least three areas of disagreement between the experts. The three areas sound relatively independent of each other, meaning that I could find liability and yet still award substantially less damages than Plaintiffs' best day of $35.1 million. And, of course, there are other possible issues with Plaintiffs' case. At this point, I am satisfied that Plaintiffs have shown that I should give preliminary approval. I note that Plaintiffs' attorneys have recently tried at least one of these sorts of cases, and that gives them a certain amount of credibility in evaluating the settlement value of this case.
IT IS SO ORDERED.
Source: Leagle
