PRETRIAL ADJUDICATION
...Pleading
......Class Actions
.........Fluid Class Recovery
4 Cards On This Topic:
  • Neither CCP 384 nor case law requires that a settlement allow for individual claims before its fund can be distributed to cy pres or fluid recovery relief.
  • Under "earmarked escheat" form of fluid distribution, funds disbursed to responsible gov. organization for use on projects that benefit noncollecting class members and promote purposes of underlying cause of action.
  • Fluid class procedures to distribute damages in state antitrust class action not per se improper; should be considered based on individual circumstances of case.
  • Fluid class recovery, repayment of excess tax collections by reducing future charges, not feasible when much of class would reap no benefit from future reduction.