Is this a DONE DEAL

Anyhow fellow veterans it has been a slice but I have to get to my house work before my wife kicks my ass for procrastinating all morning, yup the best of both worlds watching hockey all morning (love the pvr) and cleaning house domestically, and by the way the Leafs are playing Philly tonight, thanks again, gentle winds

As Teen has said below
1. the GoC might say ok lets go back to the table
2. the GoC can say, we cannot offer a better deal so no retro
3. the GoC can say start the lawsuit over again
Those are the 3 questions I want you, Rags, COD and Bigrex to ask Peter.

Teen on your points. they are just a few of the many possible out comes of a Judge saying no and by fare the most unlikely are vthe last 2 and the most scary of the possibilities for us as a class..

Why would I need to ask Lead counsel I already know the answer to. Yes any of those are possibilities. Never have I said they were not. For the 100th time I'm getting tired of saying it.

The point we all have to keep in our minds is are we right, legally and ethically? Are we justified in asking for what we are legally and ethically? Does the GOC have any position that is right and valid in relation to the law?

Yes and a Yes and a NO tells any reasonable person to ask for a renegotiation and tells the defense to not go to trial.

Key Point - Remember from the Defense side they are dead wrong and know it. They know if they go to trial they will lose in the Public eye and in the law. They also know that if they go to trial the Judge gets to give orders and decide what happens on points of law....Like Pay all the legal fees.....Like pay damage.......like pay pay pay pay. They will not oppose a return to the table. Why they are wrong and its in there interest to see the deal settled out of court trial.

The No side here is not asking for big changes, really just simple small fine tuning. Now I cant speak for all the No reasons but most of the smart guys on this site have proposed rather reasonable points and solutions that are not that hard to change.

I would not forget that Rags as my a friend of father in law was one such soldier, but he opted back in and is waiting for the final paperwork from sisip, so far so good but he knows he will have to go through a lot but he was given that option after I believe it was October of 2012 when he contacted sisip. Tons to do but he is ok with that and i don't think for him a bad idea he told sisip to jump in a lake years back and now he just has to go through the reinstatement paper work sausage machine

rags well done a bit of a long way to state he will give an explanation and direction but i think a little more effective.

propat

White Winged

Dont forget the people who are out of the class who are not 2 year guys but long term disabled who walked away because of claw back and were no zero Sum. There are many of us.

ya if you read any of my posts from that night.as a matter of fact each and every onew and pleas white and all of you do the same.the only problem i ever had was the saying yes ore no without explanation ore direction.

pleas copy any post i made that night questioning anything elce but that teen.

propat

Teen,
I did not mention scare tactics in my post. But now that you did, Are some people nervous about if they oppose this deal it will go direct to a trial and GOC will walk away. Absolutely, is this fear because many here are saying "if we don't take it people will be cut out we will go right to trial for another 5 years.. Absolutely.

What is a Federal Court Class Action Proposed Settlement hearing about?

Is it about the Judge saying Yes or No and banging his gavel down and thats it? NO nothing can be further from the truth. As stated by the law on the conduct of Class Actions. The Law the Fed Court rules for the conduct of a trial states that a judge will say Yes or no to the proposal. He will as he must give reasons for his decision. Those reasons are the basis for what comes next as in any court action. If he says Yes X will occur if he says No Y will occur. What is the X and Y we can get into it right now if ya want. The Lead Counsel agrees cause they said this (Lead counsel) " The Fed Court rules set out that it is a yes or no, and sure the Court will give reasons".

The facts are simple and not disputed by any of the legal counsel GOC or MC ......or the judge I might add. Be surprised who knows who in this world.
The procedure is simple:
(1) The Judge will hear from the Plaintiff and Defense on where they are at on the settlement Proposal final points;
(2) The Judge will hear from the class for their inputs on the Class Action, At this point it is the proposal before the court.
(3) The Judge will weigh the presentations presented for and against and decide if in the interest of justice and the class and the Defendant is this a fair and reasonable proposed settlement.
(4) The Judge will then come before the Court and he speaks no one else does at this point and he will state his ruling of Yes I accept the Proposed settlement as presented or No I do not accept the proposed settlement as presented. He will then explain in detail why he came to that decision. That explanation will give the Defense and the Class a crystal clear understanding as to what is the issue with the proposal.
(5) The Judge will then ask the Plaintiff and Defense to go back and review the decision and return to the court with motions for what they want to do next -
If Judge said NO it is this (CHOICE 1 RENEGOTIATE) (CHOICE 2 GO TO TRIAL)
If Judge said Yes it is this (CHOICE 3 Have a signed deal in hand for Judge to sign into a legal decision, a contract under the Law).
(6) Normally at this point the Judge will give some advise to the sides as to what to expect in the future and what they should be doing between now and when they come back before him with motions. He may do this in chamber with just the counsel or in public.

An important note is that a Judge has no power to order the sides to do anything. He just accepts deal or declines as is his power ( ya legal fees slight difference but on decline that falls into negotiation). He will and has power to advise the sides through his reason for his decision and after his decision has to guide the parties to what he thinks would be fair and reasonable. This is every ones sticking point and the twist on what will occur. The fact that he has no power to order anything other then yes or no people think its a done deal and judge cant change the proposal. Very right and very wrong. He wont order a change but by refusing the proposal and giving a reason why he refused it he is defacto telling the counsel what they should be doing.

I actually think the deal is very good i am not fond of the taxation system but it is workable and i was told that you can recuperate a huge chunk due to the proposed way in which the parties involved will set up the payment plan, i am only looking at it from a zero sum member and i am sorry for the 24 month members or the others waiting to be TPI'd but it will work out in the long end I intend not to speak for you as from what i have seen you folks can be swift in your posts, good to see lol

Ok TeenTitan I speculate your the Man of the house because in my house my wife would never tell me i am jacked up instead she would tell me too shut the hell up you can use less fordable words for hell.

propat missed your post....

Yes Peter said the Judge would probably talk about his decision but what I said is true, and this is what you all jumped on me about it being a scare tactic when I was passing on what could happen if the Judge says no.

1. the GoC might say ok lets go back to the table
2. the GoC can say, we cannot offer a better deal so no retro
3. the GoC can say start the lawsuit over again

Those are the 3 questions I want you, Rags, COD and Bigrex to ask Peter.

Again sorry, but as it was explained to me you by virtue of being medically released have become a class member (no one volunteered) and you can opt out or stay within the legal class action parameters as being a class action member. You agreed to 30% and that is that, 17.83 % is a drop in the hat to what you could have paid, regardless of other class action this is not a precedence setting case it is just a case. Collectively adding theory or other case law does not make anything real but rather less obtainable and the only real solution is to wait until the 14th and 15th depending on how much the Judge is willing to tolerate our addressing the issues. I do know if all he hears is taxes he will likely clear the court room/conference room and render a decision quickly.

Georges my drink is what Canada is famous for...beer. And thanks.

Teen, I woul like to take a drink and make a toas in your name at the meet and greet on the 14th. What is your favorit drink?

OK WWW here it is...your jacked up...there is no rank in the CSAT. Besides how do you know if you are answering a man or a woman? LOL

You could speculate that if the court drops the legal fees to an acceptable rate then by all means our government could possibly eat up a portion or the whole legal fee load, that would be appropriate in quelling the media frenzy about how everyone is getting rich but the veterans. I am hoping for a legal relief, as that is all the Judge can do for us.