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common fund exception

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 386 U.S. 714 - Fleischmann Distilling Corp. v. Maier Brewing Co. · 1967Most cited · 1,813 citing opinions

That exception had previously been applied in cases where a plaintiff traced or created a common fund for the benefit of others as well as himself. ... to have allowed the others to obtain full benefit from the plaintiff's efforts without requiring contribution or charging the common fund for attorney's fees would have been to enrich the others unjustly at the expense of the plaintiff.