WEJO:
A few questions.
1) Can the insurance company object to the settlement?
2) Can individual victims object to the settlement?
3) Who determines what percentage the lawyers get? How about a flat fee per hour spent on the case?
WEJO - if it were a class action, then the court would have to approve the legal fees to be awarded to the lawyers. While it sounds lame - the lawyers will have to identify all potential claimants, corroborate the viability of the claim, and handle the fund that will be established to pay them (and future claimants. Is it worth 1/3 of this total settlement - arguably not. But they'll get a good amount for their efforts
1) The insurance company was presented with a number of claims and if the claims have validity, they must be paid. Since this is an excess exposure, the insurance company isn't going to object because no matter what happens, they're paying their policy limits. I am really curious though whether Michigan State will try to argue that multiple annual policies should be stacked on this because the molestation occurred over such a long period of time. HOWEVER - if it's just a claims-based policy (meaning when the molestation happened is irrelevant, but when the claim is filed is what is important) - then you could argue there are only one or two policies.
2) If it's a class action, individual victims can opt out. It can be hard to do this, and certainly will be annoying to prosecute this. To sue the university, they have to conduct the discovery and perform an awful lot of work.
3) The school and the class administrator propose the amount to the Court, which will review everything and approve or disprove. The attorneys will have to justify how they arrived at their fee. Court doesn't rubber stamp this.