Whether it's waived or not, I wouldn't be counting on ever receiving anything substantial from them in a class action lawsuit (not sure about individual lawsuits).
I used to play the market quite a bit and over the years was involved in several class action suits (American Express, Red Hat, eMachines, Amazon (no, I didn't keep that last one-I knew it would never get past $34).
Anyway, those things are a lawyer's dream - they typically sue the companies for $25-50-100 million; name 2 to 5 people as "token plaintiffs," and pay them about $5K each. A very small portion goes to the actual injured parties (you), and the lawyers keep the remaining lion's share (many millions). One (filing against American Express, I think) even gouged with the stipulation that they (the lawyers) were also to receive a minimum of $2.5M for "mailing and handling" with the reservation that they must be reimbursed if such cost exceeded that amout and noting that they "expected it would."
While I don't remember my check amounts received exactly, I believe they ranged from about $5 to $75 each.