News & Analysis as of

Cy Pres Funds

Privacy & Cybersecurity Update - September 2017

In this month's edition of our Privacy & Cybersecurity Update, we take a look at the first annual review of the Privacy Shield by U.S. and EU officials, and the Federal Trade Commission's first actions alleging Privacy Shield...more

Developments in Association Law, 2016 – 2017

There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more

Cy Pres Abuse Poster Child

by Reed Smith on

We’ve never liked the “cy pres” concept in the context of class actions. We opposed it (not terribly successfully) when the ALI was considering it. We believe that taking money supposedly representing “damages” owed to class...more

Ninth Circuit Confirms that a Cy Pres Only Settlement Can Work In Privacy Class Action

The internet continues to expand into every aspect of our lives. With it, many companies have collected, tracked, and used an enormous amount of data. All of this has given rise to class action lawsuits challenging the...more

High Time for the Supreme Court to Review Ascertainability in Class Actions

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never...more

Something We Can All Support: H.R. 985, Picking Up Where CAFA Left Off

by Reed Smith on

Regular blog readers may recall that, every year, we eagerly await a Monday and Tuesday right around February 14th. This has nothing to do with Valentine’s Day (though we like a dozen roses and a box of chocolates as much as...more

More Cy Pres Abuse in California Class Action Litigation

by Reed Smith on

We can’t stand “cy pres” distributions of class action settlement funds to non-litigants. We’ve blogged about this benighted doctrine many times. We fought against cy pres at in the ALI, and we’ve been fighting against it...more

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

by Carlton Fields on

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Five Takeaways from the Duke Conference on Class Action Settlements

by McGuireWoods LLP on

A few weeks ago, the Duke Law Center for Judicial Studies held a conference on class action settlements in San Diego, to discuss best practices in the wake of the likely Rule 23 amendments. Like all of its conferences, this...more

Who Would Inherit Darth Vader’s Estate?

by LeClairRyan on

Who would be the beneficiary of the estate of Darth Vader? The answer is more than just an exercise in Star Wars fiction; in fact, the answer can teach us important lessons about estate disputes in our real world....more

Cy Pres Standard Dispute Settled With Reasonable Approximation

by Carlton Fields on

The District Court for the Southern District of New York recently addressed whether the “next best” or “reasonable approximation” standard should apply when the court evaluates proposed cy pres designations in class action...more

Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class...

District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. Hofmann v. Dutch, LLC,...more

Southern District of California Rejects Coupon Class Settlement

by Carlton Fields on

The Southern District of California rejected a pre-certification class settlement because it provided for an inadequate coupon payment and a tenuous cy pres award, and included a clear sailing attorney fee provision....more

Empirical Study Confirms That No-Injury Class Actions only Benefit Lawyers

by Reed Smith on

We recently read an interesting new empirical study that confirms what we’ve long suspected - that so-called “no-injury” class actions, those that allege that a product was “worth less” than it should have been due to some...more

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

D.C. District Court to Clean Up Indian Farmers and Ranchers Class Action

by Holland & Knight LLP on

After years of post-settlement wrangling in a class action lawsuit brought by Native American farmers and ranchers for damages arising from what they claimed was systemic discrimination against them by the U.S. Department of...more

What’s Hot in Class Actions (Part 3/3): Potential Rule 23 Amendments Narrowed, Congress Tackles No-Injury Class

by Moore & Van Allen PLLC on

Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class...more

Litigation In The Marijuana Industry Lights Up

by Cozen O'Connor on

The country’s first products liability class action has hit the marijuana industry with the filing of various tort, strict liability and contract claims against LivWell, Inc. in Colorado state court last month. The complaint...more

Does Rule 23(e) Require that Settlement Class Members Receive Notice of Modification to Cy Pres Remedy?

by Carlton Fields on

The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil Procedure 23(e) because it would...more

Eighth Circuit Clarifies the Requirements for Cy Pres Distribution of Class Action Settlement Funds

by Carlton Fields on

Due to what it called a “substantial history of district courts ignoring and resisting circuit court cy pres concerns and rulings in class action cases,” the Eighth Circuit recently clarified the legal principles surrounding...more

Cy Pres Distributions in Class Action Settlements Addressed By Eighth Circuit

by Robinson & Cole LLP on

Over the last several years, federal courts of appeals have been closely scrutinizing cy pres distributions to charitable organizations in class action settlements. This includes opinions by the First Circuit, Third Circuit...more

Eighth Circuit Sets Standard For Cy Pres Distributions

by Benesch on

On January 8, 2015, the Eighth Circuit Court of Appeals established a five-factor test governing cy pres distributions in class action lawsuits. In Re: BankAmerica Corp. Sec. Litig., No. 13-2620 (8th Cir. Jan. 8, 2015). ...more

The Rules Advisory Committee Study Agenda – Cy Pres

by McGuireWoods LLP on

In the last five years, the use of cy pres relief in settlements has become particularly controversial. Various appellate courts have expressed suspicion about the use of cy pres in questionable settlements. Even Justice...more

Texas Supreme Court Rejects State’s Use of Unclaimed Property Law to Usurp Private Right to Contract

by Reed Smith on

In a 5-to-4 decision, the Texas Supreme Court rebuffed the Texas attorney general’s attempt to undo a cy pres award using the state’s Unclaimed Property Act. The cy pres award was a result of a settlement between defendant...more

Insights from DRI Class Action Seminar 2014 – Part 2

by Robinson & Cole LLP on

Halliburton v. Erica P. John Fund Decision: Aaron Streett, who argued the Halliburton v. Erica P. John Fund, Inc. case in the Supreme Court, spoke about the decision. The Court declined to overrule the efficient...more

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Cybersecurity

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