| name | class-action-settlement |
| title | Class Action Settlement Agreement |
| description | Drafts class action settlement agreements for court approval under FRCP 23(e), covering settlement fund terms, class definitions, release provisions, allocation plans, claims administration, notice programs, opt-out procedures, and fee structures. Use when drafting class action settlements, settlement agreements requiring judicial approval, or FRCP 23(e) fairness submissions. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/class-action-settlement |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
| tags | ["agreement","drafting"] |
Class Action Settlement Agreement
Drafts a court-approvable class action settlement balancing class member interests, defendant finality, and FRCP 23(e) fairness standards.
Prerequisites
- Case materials — complaint, class certification order, case number, jurisdictional details
- Term sheet or negotiation record — agreed monetary amounts, allocation methodology, key terms
- Class definition — certified or proposed class and any subclasses
- Damages analysis — theories, calculations, aggregate and per-member ranges
- Party information — all named parties, class representatives, counsel of record
Output Structure
Draft a formal settlement agreement with the following articles in order.
Article I — Recitals
| Element | Content |
|---|
| Litigation background | Case caption, court, claims asserted, procedural history |
| Certification status | Class cert order date and scope, or proposed settlement class |
| Settlement purpose | Compromise to avoid risk/expense; no admission of liability |
| Negotiation history | Arms-length negotiation, mediator involvement if any |
Article II — Definitions
Define all capitalized terms at the outset. At minimum:
- Settlement Fund, Net Settlement Fund, Settlement Class, Class Period
- Released Claims, Released Parties, Effective Date
- Claims Administrator, Class Counsel, Class Representatives
- Claim Form, Opt-Out Deadline, Objection Deadline
Article III — Settlement Fund & Payment
- Total amount — non-reversionary common fund
- Payment schedule — deadlines, escrow/QSF account details
- Fee treatment — fund inclusive or exclusive of fees/costs
- Tax provisions — QSF treatment under IRC § 468B; each party bears own tax liability
- Investment — permitted investment pending distribution
Article IV — Class Definition & Release
- Class definition — mirror or refine certification order language
- Release scope — all asserted and unasserted claims arising from same facts/transactions
