[quote name=\'Robert Hutchinson\' date=\'Jan 13 2006, 12:22 PM\']I'm still not sure I get it (sorry, Randy).
Let's say the award to the plaintiff is $200, and the "fund" is $500. Question 1: Is that $500 changing hands ($200 from the fund, the rest split), or $700 ($200 from the defendant, the rest split)? Question 2: Would some (all?) losing *defendants* still end up with more money than they had when they arrived?
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Okay.
The "fund" is set before the case. So, say the dude is suing for $1000, and the fund is set at $1200. The two possible outcomes:
JUDGEMENT FOR PLAINTIFF: Plaintiff gets $1100 (the $1000 plus half of the remainder), defendant gets $100.
JUDGEMENT FOR DEFENDANT: Plaintiff and defendant split the $1200, each receive $600.
So, yeah, everyone goes away with something regardless of the outcome.