Digital BW, The Print

BIG DISCLAIMER: although I am a lawyer, do NOT take anything I'm 
about to say as legal advice.

In a class action (in federal courts at least; this seems to be a 
state court, so what I'm about to say may not apply), if it is a 
certain type of class action, putative members of the class who do 
not wish to be bound by the result can "opt-out" of the class.  So, 
one would have several options in this situation:

(1) take the settlement as proposed
(2) opt-out of the class and bring your own lawsuit
(3) ignore it entirely (don't file a claim and don't opt-out), 
meaning you will be bound by the result and the settlement and 
precluded from bring your own claim later.

So, if you feel the "coupon settlement" is unfair, just opt out of 
the class (assuming that's allowed under the applicable state rules 
for this type of class action) and bring your own lawsuit for the 
amount of damage you think you've suffered from wasted ink.




--- In DigitalBlackandWhiteThePrint@yahoogroups.com, "Ken Carney" 
<kcarney1@...> wrote:
>
> I have long suspected that the manufacturers and the lawyers team 
up to
> bring some of these suits.  Not really, though... my two favorites 
are the
> Campbell-Hausfield class action, where my share of the class 
settlement was
> $5 off my next Campbell-Hausfield air compressor (the fraud was mis-
marked
> horsepower rating), and Southwestern Bell, where my share was six 
months of
> free services I didn't need, and which would continue after six 
months (not
> free) unless I affirmatively canceled them. Now that these are 
relegated to
> Federal court, hopefully some sanity will prevail, but too late for 
some
> clients who have spent millions defending against a lawyer-made 
class
> action.  I will feel much better not claiming anything in this 
action.  EOR,
> back to trying to make an image worthy of printing with my over-
priced inks.
> 
> Ken
> www.kencarney.com
>  
> 
> > -----Original Message-----
> > From: DigitalBlackandWhiteThePrint@yahoogroups.com 
> > [mailto:DigitalBlackandWhiteThePrint@yahoogroups.com] On 
> > Behalf Of Greg
> > Sent: Thursday, April 13, 2006 7:32 PM
> > To: DigitalBlackandWhiteThePrint@yahoogroups.com
> > Subject: [Digital BW] different Epson law suit
> > 
> > http://www.epsonsettlement.com/index.htm
> > 
> > Anyone know if this is real?
>