Class Action Settlement

Draft Class Action Settlements in Minutes, Not Hours

14 minutes with CaseMark

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Upload your documents and get a finished work product in minutes. New accounts get $5 free to run their first skill.

14 minutes with CaseMark

What you'll need

Complaint & Class Certification Order
Term Sheet or Settlement Memorandum
Damages Analysis

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's Class Action Settlement skill uses AI to draft comprehensive settlement agreements that meet FRCP 23(e) judicial approval standards. From recitals and defined terms through fund provisions, release language, notice programs, and fee structures, the tool produces a complete, professionally structured agreement ready for attorney review and customization.

Drafting class action settlement agreements is one of the most complex and time-intensive tasks in litigation. Attorneys must coordinate dozens of interlocking provisions — fund mechanics, class definitions, release language, notice plans, claims procedures, and fee structures — while ensuring the entire document meets FRCP 23(e) fairness standards for judicial approval. A single inconsistency or omission can delay approval and jeopardize the settlement.

CaseMark's AI analyzes your case materials, term sheets, and damages analysis to generate a complete, article-by-article settlement agreement structured for court approval. Every provision — from escrow and tax treatment to opt-out deadlines and objection procedures — is drafted in coordination, ensuring internal consistency and compliance with FRCP 23(e) requirements so your team can focus on substance rather than structure.

How it works

1. Upload your case materials, term sheet, damages analysis, and party information
2. AI analyzes your inputs and drafts a complete settlement agreement structured for FRCP 23(e) approval
3. Review and customize each article — class definitions, fund terms, release scope, notice plans, and more
4. Export the finalized settlement agreement in your preferred format (DOCX, PDF)

What you get

Recitals & Litigation Background
Defined Terms
Settlement Fund & Payment Provisions
Class Definition & Release
Allocation Plan & Claims Administration
Notice Program & Opt-Out Procedures
Attorney Fees & Cost Structure
Conditions, Termination & Effective Date Provisions

What it handles

Generates complete settlement agreements with all required FRCP 23(e) articles
Defines settlement fund terms, escrow provisions, and tax treatment under IRC § 468B
Drafts precise class definitions, release provisions, and carve-outs
Creates detailed claims administration and distribution allocation plans
Produces compliant notice programs, opt-out procedures, and objection deadlines
Structures attorney fee and cost provisions with court-approval language

Required documents

Complaint & Class Certification Order
The operative complaint, class certification order (or proposed class definition), and key procedural filings establishing the case background.
.pdf, .docx
Term Sheet or Settlement Memorandum
The agreed-upon settlement terms including monetary amounts, allocation methodology, payment schedules, and key negotiated provisions.
.pdf, .docx
Damages Analysis
Damages theories, aggregate and per-member calculations, and any expert reports supporting the settlement valuation.
.pdf, .docx, .xlsx

Supporting documents

Mediator's Report or Negotiation Record
Documentation of arms-length negotiation history, mediator involvement, or prior settlement discussions to support fairness findings.
.pdf, .docx
Prior Settlement Agreements
Template or precedent settlement agreements from similar cases to guide formatting and provision preferences.
.pdf, .docx
Notice Plan Proposal
Any existing notice plan drafts or notice administrator proposals to incorporate into the agreement.
.pdf, .docx

Why teams use it

Reduce settlement drafting time from days to hours with AI-generated first drafts covering every required article

Ensure structural compliance with FRCP 23(e) fairness standards and judicial expectations

Maintain consistency across complex provisions including releases, allocation plans, and notice programs

Free up attorney time to focus on strategic negotiation and substantive customization rather than document assembly

Questions

Does this produce a settlement agreement ready for court submission?

CaseMark generates a comprehensive draft structured to meet FRCP 23(e) fairness standards, including all required articles and provisions. You should review and customize the draft with your legal team before filing, but it gives you a substantial head start over drafting from scratch.

How does the tool handle class definitions and subclasses?

CaseMark uses your certified class definition or proposed settlement class language and refines it into precise legal terms. It can accommodate subclasses with distinct allocation methodologies and separate release provisions as needed.

Can it draft both common fund and claims-made settlement structures?

Yes. CaseMark supports non-reversionary common fund structures, claims-made models, and hybrid approaches. Simply indicate your preferred structure in the uploaded term sheet and the AI will draft accordingly.

Does the output include notice program and claims administration provisions?

Absolutely. CaseMark drafts detailed notice programs covering direct mail, publication, and digital notice, along with complete claims administration procedures including claim form requirements, verification processes, and distribution timelines.

How does CaseMark handle attorney fee provisions?

CaseMark drafts fee structures that address whether fees are inclusive or exclusive of the settlement fund, percentage-of-fund or lodestar methodologies, expense reimbursement, and service awards for class representatives — all with appropriate court-approval language.

Is my case data secure when using CaseMark?

CaseMark employs enterprise-grade encryption and strict access controls to protect all uploaded documents and generated content. Your confidential case materials and settlement terms are never shared or used to train models.