B. The Substantive Law of Damages Applies to Class Actions

• Library: South Carolina Damages (SCBar) (2009 Ed.)

B. The Substantive Law of Damages Applies to Class Actions

An analysis of damages that may be recovered in a class action context must begin with the recognition that class action litigation is procedural. Rule 23, SCRCP, provides only that class action treatment may be available to resolve litigation. The rule does not create damages that do not otherwise exist through case law or by statute.⁹ Thus, damage awards in class actions are governed by substantive law. A claimant in a class action generally is entitled to no more or no less than that claimant would receive in an individual litigation. Generally, class action procedures should not affect the amount of damages ultimately awarded.

In certain instances, South Carolina denied the right of the...