Sunday, April 10, 2016

WCACPIH -- Worst Class Action Claims Procedure In History

There are so many unanticipated problems arising with publisher objections to claims that I think the prediction that checks would be out by the end of the year is questionable. Still possible but certainly not sure,

There are, so far, 30,000 thousand objections or assertions that the claim should be reassigned to a different publisher.

There are hundreds if not thousands of objections that the publisher never published the article that the claim is based upon. At this point, which is early, there is no way to know why that is happening. Did claimants get it wrong? By the tens or hundreds? Some other explanation? These almost certainly will require contact, if possible, with the claimant. To the extent any of these need to get submitted somewhere else there is more delay.

There are hundreds if not thousands of objections that article was never on a database. One possible cause is that in 2005 the parties put a list of publications up that were on the databases, but they didn't put up the dates that those publications started putting their content on the database. So some claimants who wrote for those publications may have claimed for early articles that never got to a database. We will get dates soon (why they weren't put up in 2005 is a mystery to me) and I'll have a better idea about this issue.

Some fairly big publishers, like UPI and Reuters (total of 3800 claims), have come up with novel arguments why they shouldn't have to pay any claim. Those, and others, will very likely involve the dispute resolution process.

A couple of publishers and the Databases came up with an argument about the settlement that would have disqualified at least $180,000, and likely much more, in claims. I immediately opposed it and the AB counsel quickly and effectively supported me. It looks like the Databases will drop that argument but they haven't said so yet. The two involved publishers might still pursue it.

Many thousands were directed elsewhere by the original publisher. Those have gone out recently, or will soon. That adds more time for new recipient to study the claims and maybe present objections, or maybe new one wants to argue with the old one.

All of this is without yet seeing the Database objections and they are reviewing about $2.8 million in claims.

Here are some numbers. Total number and value of claims subject to present objections (before Database objections)  26,287 claims for $3.2 million. Total number and value of claims that are AB 2900 claims for $2.8 M.  So as the only counsel for C claims I'm attempting to address 23,000 claims while the four major AB counsel address 3000. Their's are 7 times more valuable, but in terms of time it is a nightmare for me.  And this is before the Databases take their shot at objections.

More as time goes on.