09/08/2009
Class Counsel Do Not Automatically Owe a Heightened Duty to Less Capable Class Members
Martorana v. Marlin & Saltzman, 96 Cal.Rptr.3d 172 (Cal App. 2009)
Brief Summary
Class counsel did not breach any duty to a class member who failed to claim his portion of the class settlement because class counsel complied with the judicially approved settlement notice procedure and did not know of the class member’s alleged inability to comply with settlement notice procedures.
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