You could be right, however I found the inference to be that the class action IS going ahead, and the potential (as mentioned above) is in relation to the success of the lawsuit. In note to your comment:
1 - Why would JKL publicly announce that they had agreed to fund a class action if it was still in speculation.
2 - The announcement was released less than a week ago, 1 week is an incredibly small amount of time in the scale of reasonably large class action.
Again, I could be wrong however I thought it appeared pretty black and white in the ann.
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