Swain et al v. Wilmington Trust, N.A.
Filing
105
MEMORANDUM ORDER re 103 Supplement. Signed by Judge Richard G. Andrews on 1/21/2020. (nms)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SCOTT J. SWAIN, et al. ,
Plaintiffs,
Civil Action No. 17-71-RGA
V.
WILMINGTON TRUST N.A. ,
Defendant.
MEMORANDUM ORDER
I have separately entered an order of preliminary approval of the proposed settlement.
Before doing so, I obtained a supplement to the original motion. (D.I. 103). The
supplement is helpful. I understand from it that, just on the question of damages, there are at
least three areas of disagreement between the experts. The three areas sound relatively
independent of each other, meaning that I could find liability and yet still award substantially less
damages than Plaintiffs' best day of $3 5 .1 million. And, of course, there are other possible
issues with Plaintiffs' case. At this point, I am satisfied that Plaintiffs have shown that I should
give preliminary approval. I note that Plaintiffs' attorneys have recently tried at least one of these
sorts of cases, and that gives them a certain amount of credibility in evaluating the settlement
value of this case.
IT IS SO ORDERED this 1-1 day of January 2020.
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