- Thread starter
- #91
MouseMouth
Expert
- 31
This is one of the things that have to be handled early in the suit to make sure that the class is protected. I have already told the attorneys this is an issue because I have other contracts with Wellcare, and of course, I have lots of contracts with all their competitors If there is retaliation, then that creates the basis for a lawsuit #2, but I would rather not risk it.Out of curiosity, would the defendants retaliate if the plaintiff law suit is unsuccessful?
If the attorneys decide to take the case, one of the first things they will do is to force disclosure of the list of aggrieved parties. In other suits this is not so easily achieved, but in this case, these contracts are known to another entity (CMS) I don't think Wellcare would risk trying to B.S. the court as they could very easily get caught cheating, and that would probably end up in major punitive damages. Once the attorneys have the lists they can try to make the class an Opt-Out, meaning that if you are an aggrieved party, you are in unless you respond and say you want to opt-out.
I hope to know by the end of the week if we have a case after the attorneys have reviewed the contract.