News & Analysis as of

Cy Pres Funds Settlement

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

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

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

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

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

March 2014: Class Action Litigation Update

Cy pres disbursements have become a popular feature of class action settlement agreements, but given the recent denial of certiorari in Marek v. Lane, Supreme Court guidance in the law of cy pres will have to wait until...more

Bah-Humbug: The JPMorgan Settlement & Cy Pres Remedies

by Burr & Forman on

Maybe I’m just getting a head start on my “bah humbug” mood for the holidays, I don’t know. Did it strike anyone else as discordant that almost a third of the record-setting JPMorgan RMBS settlement was ear-marked to fund...more

Does The SCOTUS "Like" Cy Pres Distributions In Class Action Settlements?

by Carlton Fields on

On November 4, 2013, the Supreme Court of the United States declined to review the Ninth Circuit’s approval of Facebook’s $9.5 million privacy class action settlement, which, with the exception of attorneys’ fees and “modest...more

Round 2 in Dennis v. Kellogg: Class Action Settlements with Cy Pres Relief

The district court in Dennis v. Kellogg recently granted preliminary approval of a revised class action settlement. Kellogg is a class action alleging unjust enrichment, as well as violation of California’s Unfair Competition...more

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

by BakerHostetler on

In a recent decision, In re Baby Products Antitrust Litigation, 2013 U.S. App. LEXIS 3379 (3d Cir. Feb. 19, 2013), the Third Circuit vacated the district court’s order approving a $35.5 million class action settlement which...more

In re Baby Products Antitrust Litigation: Third Circuit Issues Game-Changing Decision Affecting Cy Pres Funds in Claims-Made Class...

by King & Spalding on

On February 19, 2013, the United States Court of Appeals for the Third Circuit vacated a district court order approving a class action settlement, holding that a district court must specifically determine that a claims-made...more

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Cybersecurity

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