Does a class action settlement bar subsequent recovery of punitive damages by a member of the class?
California, United States of America
The following excerpt is from Lemer v. Boise Cascade, Inc., 107 Cal.App.3d 1, 165 Cal.Rptr. 555 (Cal. App. 1980):
Boise argues generally that the class action settlement should bar subsequent recovery of punitive damages by a member of the class, because the punitive and deterrent functions of such damages have already been served, and a subsequent recovery of punitive damages amounts to a form of "civil double jeopardy." The problems posed by multiple punitive damage suits have troubled both courts (e.g., Roginsky v.
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