• Having Your Cake and Eating It Too: Or Recovering Costs and Expenses While Serving as Lead Plaintiff
  • September 18, 2009 | Author: Steven B. Singer
  • Law Firm: Bernstein Litowitz Berger & Grossmann LLP - New York Office
  • 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.