I. Procedures for Awarding Damages Dependent Upon Type of Injury
| Library | South Carolina Damages (SCBar) (2009 Ed.) |
I. Procedures for Awarding Damages Dependent Upon Type of Injury
The method of awarding damages—whether by monetary award individually, proof of claims procedures, or submission to a special master—and the means of awarding damages will depend on the type of injury and extent of harm incurred by class members. In a class action settling personal injury claims, damages ordinarily may be quantified by...
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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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