PRETRIAL ADJUDICATION
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Pleading
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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.