The following excerpt is from Charron v. Wiener, Docket No. 12-2834-cv(L), Docket No. 12-2907-cv(CON) (2nd Cir. 2013):
All class settlements value some claims more highly than others, based on their perceived merits, and strike compromises based on probabilistic assessments. See, e.g., Weinberger v. Kendrick, 698 F.2d 61, 78 (2d Cir. 1982) (approving settlement that paid more for federal claims than for state law claims, finding that state law claims were less valuable because they would have been
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