Thompson v. Met Life

 

Judge Harold Baer, Jr., Thompson v. Metropolitan Life Insurance Company, (September 3, 2002) No. 00 Civ. 5071 (HB) (S.D. NY):                                                                     

"The Court further finds that the Class Notice and Publication Notice provided in the Settlement Agreement are written in plain English and are readily understandable by Class Members.  In sum, the Court finds that the proposed notice texts and methodology are reasonable, that they constitute due, adequate and sufficient notice to all persons entitled to be provided with notice, and that they meet the requirements of the Federal Rules of Civil Procedure (including Fed. R. Civ. P. 23(c)(2) and (e)), the United States Constitution (including the Due Process Clause), the Rules of the Court, and any other applicable law."

 Judge Harold Baer, Jr., Thompson v. Metropolitan Life, 216 F.R.D. 55, 62 (April 29, 2003) (U.S. District Ct. NY):

“In view of the extensive notice campaign waged by the defendant, the extremely small number of class members objecting or requesting exclusion from the settlement is a clear sign of strong support for the settlement.”

Judge Harold Baer, Jr., Thompson v. Metropolitan Life, 216 F.R.D. 55, 68 (April 29, 2003) (U.S. District Ct. NY):  

“The notice provides, in language easily understandable to a lay person, the essential terms of the settlement, including the claims asserted… who would be covered by the settlement…”

Judge Harold Baer, Jr., Thompson v. Metropolitan Life, 216 F.R.D. 55, 68 (April 29, 2003) (U.S. District Ct. NY):

“…the notice campaign that defendant agreed to undertake was extensive…I am satisfied, having reviewed the contents of the notice package, and the extensive steps taken to disseminate notice of the settlement, that the class notice complies with the requirements of Rule 23 (c)(2) and 23(e).  In summary, I have reviewed all of the objections, and none persuade me to conclude that the proposed settlement is unfair, inadequate or unreasonable”.

When the largest life insurance company in the United States needed to reach policyholders and heirs dating back to 1901, MetLife and attorneys for both parties selected Hilsoft Notifications.  The landmark settlement in Thompson v. MetLife potentially involved over 25 million policies of African Americans throughout the U.S. and overseas.  Hilsoft Notifications developed simple, clear, concise, plain language notices in a detailed form for mailing, as well as all other media communication materials. Included in the plan was a broad array of targeted newspaper and magazine notices, precedent-setting TV notices with live action/actor portrayal (a first in legal notifications), as well as radio notices targeting the class members.  Hilsoft Notifications' detailed final report satisfied the Court, and helped the Court understand how the extensive notice given ensured adequacy, and a lasting, binding effect.  The success of Hilsoft Notifications' efficient media planning and buying effort for this case was extended to Canada when it undertook a notice program in a related Metropolitan outreach effort there.

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