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Having Your Cake and Eating It Too: Or Recovering Costs and Expenses While Serving as Lead Plaintiff |
September 18, 2009
Previously published by The Advocate for Institutional Investors, Fourth Quarter 1999 on December 1999
It is a fundamental principle of class action litigation that a class representative may not recover more than his or her fair share of a settlement. While this is in accord with the notion that the class representative is a fiduciary to the absent class members, and cannot put his or her interests ahead of the class, it still seems a bit unfair. After all, class representatives are the ones who have come forward to carry the flag, so to speak, and to vindicate the rights of the class.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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