Can the Defendants withdraw from the settlement?
Yes. The settlement allows either Defendant to withdraw from the settlement up until the time that the settlement is approved by the Court and any appeals are complete. If Weekend Warrior withdraws from the settlement, the settlement will continue with Zieman as the only Defendant. If the settlement proceeds with Zieman only, the settlement will change in the following ways: (1) The maximum funds available to pay claims will be reduced from $5,532,000 to $1,500,000. (2) The maximum request and payment for attorneys’ fees, costs, and expenses will be reduced from $1,700,000 to $450,000. (3) Valid claims will be paid 25% of the total award available under the settlement as drafted with both Defendants. (4) Weekend Warrior will not provide repairs free of charge; and (5) The Prophylactic Fix will not be available.
