Unless you exclude yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendant about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you. If you sign the Claim Form, you will agree to a release of claims which describes exactly the legal claims that you give up if you get settlement benefits. The Release is defined and detailed in the Settlement Agreement, which is available at the Important Documents page.
The release provided by the Amended Settlement Agreement provides for the following:
Release as to All Class Members. By this Settlement Agreement and the following Release, Defendant and Released Parties are released from any and all claims or causes of action that were, or could have been, asserted by the Plaintiff or any Class Members against them regarding the Product as alleged in the Third Amended Complaint or that could have been alleged in the Third Amended Complaint based on facts pled by Plaintiff. This Settlement Agreement does not affect the rights of Class Members who timely and properly request exclusion from the Settlement Agreement, nor does this Settlement Agreement release claims for personal injury, personal and/or real property, and/or claims for subrogation. Upon entry of the Judgment, Class Members shall waive and forfeit, and be deemed to have fully, finally and forever released and discharged against all Released Parties and all Released Claims (as defined herein).
Upon issuance of the Final Approval Order: (i) the Settlement Agreement shall be the exclusive remedy for any and all Class Members, except those who have opted out in accordance with the terms and provisions hereof; (ii) Defendant and Released Parties shall not be subject to liability or expense of any kind to any Class Member(s) for reasons related to the Litigation except as set forth herein; and (iii) Class Members shall be permanently barred from initiating, asserting, or prosecuting any and all released claims against Defendant and Released Parties. Pursuant to California Rule of Court 3.769(h), the Court shall enter judgment in the action, but will not enter a dismissal of the claims.