Opinion Approving Settlement - Public Interest Law Center of ...

Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 41 of 51justice and the integrity of the class system will not beundermined.5. What are the prospects that, if the SettlementAgreement is rejected, further litigationwould enlarge the recovery of the class and,if so, at what financial cost?As this Court has previously recognized, in this finalstep of the analysis,the sole reason for approving theSettlement Agreement must be that,in the opinion of counsel, furtherlitigation will generatesignificant expenses and isunlikely to result in greaterrecovery for the class members.The opinion of experienced counsel,particularly one with knowledge ofthis area of the law, is entitledto substantial weight.Schwartz, 157 F. Supp. 2d at 580.Both parties maintain that the costs and timeassociated with further litigation, which would most likelyresult in a trial, would be large. The Court agrees. As theparties contend in their joint motion for final approval of theSettlement Agreement, this case involves novel issues concerning,generally, the responsibility of state agencies for the educationof special needs children. If this case were to proceed tosummary judgment and/or to trial, the result would be uncertain.An appeal would almost be certain to follow. Consequently, the41