Section 4.14 Hearing

LibrarySettling Cases 2014

After adequate notice is given, a hearing is held to get the court approval required by § 537.095, RSMo 2000. There is no case guidance on what a court must find to approve a settlement, but to avoid having the judgment set aside later, counsel should be prepared to present evidence on the record establishing the identity of potential beneficiaries, liability, and damages within the categories enumerated in § 537.090, RSMo Supp. 2013. Grief and bereavement are not compensable under § 537.090.

If there are issues remaining about the identity of class members, it may be advisable to postpone the hearing. For example, if there...

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