1. You are correct, as we both know the process to minimize court involvement in a possibly protracted effort to establish seemingly evident damage. I defer to your possible net "zero sum gain" understanding. 2. You may be correct, but I've no familiarity with a 2nd action. It's believed the process in this case is similar to numerous other, even when there's a preponderance, which we can cite to minimize court effort when a "class" isn't involved. I believe the process is also utilized, as in the PayPal class action which has continued for 12 years, to reduce/diminish perceived accuracy of facts. JMHO