O. Class Action Damage Distribution by Settlement
| Library | South Carolina Damages (SCBar) (2009 Ed.) |
O. Class Action Damage Distribution by Settlement
In recent years, class action settlements have become a topic of increasing discussion and media attention. In order for a settlement to be approved by the court, the terms of the settlement, including damages to be recovered by class members, should be determined as fair and reasonable. Useful guidelines for considering a settlement have been promulgated and published by the National Association of Consumer Advocates. This document, Standards and...
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- A. Overview of Class Action Theory
- B. The Substantive Law of Damages Applies to Class Actions
- C. The Remedy Requested Will Control the Class Action Procedure Utilized in Every Case
- D. The Damages in a Class Action Must Exceed One Hundred Dollars for Each Class Member
- E. Class Action Damages Determination and Distribution Through Litigation
- F. Formulating a Trial Plan That Contemplates Damages Calculation
- G. Proving Aggregate Monetary Damages on a Class-wide Basis
- H. Distribution of Proceeds after Judgment
- I. Procedures for Awarding Damages Dependent Upon Type of Injury
- J. Injury and Damages to Individuals
- K. Pre-judgment Interest
- L. The Claims Filing or Damage Distribution Process—notice to Members
- M. Members Must Prove Entitlement
- N. Distribution Only to Current Members
- O. Class Action Damage Distribution by Settlement
- P. Aggregate Damages and "fluid Verdicts"
- Q. Unclaimed Balances
- R. Arbitration of Class Action Damages
- S. Shareholder Derivative Action Litigation
- T. Defendant Class Actions
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