The Baker Hostetler class action practice team issued a new Executive Alert today authored by Columbus Partner Mark Johnson entitled Fifth Circuit Restricts Cy Pres Doctrine in Class Action Settlements. The alert discusses the Fifth Circuit’s recent decision in Klier v. Elf Atochem North America, Inc., restricting the use of the cy pres doctrine to distribute unclaimed class action settlement [...]
Posts Tagged ‘cy pres’
Close Counts In Horse Shoes, Hand Grenades, and Chronic Halitosis, but Not Class Action Distributions, Says Fifth Circuit
Posted in Class Action Decisions, Class Action Trends, Federal Court Decisions, tagged Baker Hostetler, class action settlement, cy pres, elf, fifth circuit, klier, settlement agreement, unclaimed settlement on November 8, 2011 | Leave a Comment »
Roundup of Recent Federal Court of Appeals Decisions on Class Action Issues
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, tagged amount in controversy, CAFA, chimei, circuit court of appeals, cy pres, easterbrook, federal court of appeals, fifth circuit, fourth circuit, keeling, klier, ninth circuit, parens patriae, punitive damages, remand, removal, seventh circuit on October 4, 2011 | Leave a Comment »
Having been focused on several other speaking and writing projects recently (in addition to my day job), it’s taken longer than I had hoped to comment on several recent class-action-related decisions by the federal circuit courts of appeals. Here’s a brief summary of three recent decisions of note: Washington State v. Chimei Innolux Corp., No. 11-16862 [...]
Public Interest Objectors in Class Action Settlements
Posted in Articles, Class Action Settlements, Practice Tips, tagged appropriate government official, class action notice, class action settlement, coupon settlement, cy pres, nonprofit objector, organized objector, professional objector, public interest objector, reversion on April 21, 2011 | 1 Comment »
Recently, I have commented on two types of objectors in class action settlements. This March 31 entry discusses the problem of so-called “professional” objectors. And this April 12 entry addresses objections raised by government officials. There is at least one other type of organized objectors to class action settlements: public interest organizations. (I use the term “organized objectors” to distinguish these types [...]
Yet More on Cy Pres
Posted in Articles, class action reform, Class Action Settlements, tagged class action settlement, cy pres, reversion on December 17, 2009 | 1 Comment »
Cy pres awards continue to be a hot topic both in the news and in academia. The latest contribution comes from Columbia law student Sam Yospe, whose article entitled Cy Pres Distributions in Class Action Settlements (Columbia Business Law Review, forthcoming) examines judicial discretion in choosing cy pres awards and makes practical suggestions for reform. Yospe’s article [...]
More on Cy Pres
Posted in class action reform, Class Action Settlements, Class Action Trends, Commentary, tagged class action settlement, common fund, cy pres, payment to charity, reversion, settlement distribution on October 28, 2009 | 1 Comment »
Over the past week, I have received two separate requests for comment on cy pres awards to charity in class action settlements. Evidently it’s on readers’ minds, so I thought I’d give some thoughts on the subject here. Cy pres distributions to charity are one of several ways of dealing with a common problem in class action settlements: [...]
In Case You Care, ClassActionBlawg Has Just Rented the Video “Class Action” Starring Gene Hackman
Posted in Class Action News, Class Action Trends, Commentary, tagged beacon, beacon settlement, blockbuster, cy pres, facebook, facebook settlement, privacy class action, privacy law on October 26, 2009 | Leave a Comment »
Venkat Balasubramani over at Spam Notes has been covering developments in an interesting group of class actions against Blockbuster Video and Facebook. The cases arise out of Facebook’s Beacon feature, which causes news feed stories to be automatically generated about users’ purchases and other actions with online partners like Blockbuster. the plaintiffs in each of the cases allege violations of various privacy laws [...]
What Should We Do With Unclaimed Class Action Funds, Pres Tell?
Posted in Articles, Class Action Trends, tagged award to charity, class action charity, class action judgment, class action settlement, cy pres, Martin H. Redish on October 11, 2009 | 4 Comments »
The cy pres doctrine has become a hot topic in class action circles in recent years. For those not familiar with the concept as used in the class action context, cy pres awards are awards to third parties, typically charities, of unclaimed settlement funds or unclaimed portions of class action judgments. (See this August 11, 2008 CAB entry discussing cy pres). In an intriguing [...]
UK’s Civil Justice Council Recommends US-Style Procedures for Collective Actions
Posted in Class Action Legislation, Class Action News, Class Action Trends, International Class Action Law, Reports and Surveys, tagged British class action, civil justice council, class action reform, collective action, cy pres, european class action reform, International Class Action Law, UK class action, UK collective action on August 28, 2008 | 1 Comment »
As reported today in the UK trade publication Professional Pensions, the Civil Justice Council, a governmental advisory committee charged with studying and recommending policy decisions relating to civil justice issues, issued a report earlier this month recommending that enhanced collective action procedures be adopted in the British civil courts. The procedures, if adopted, would include many of the [...]
As Close as I Can Get to a Commentary on Cy Pres
Posted in Class Action Trends, Commentary, International Class Action Law, Other class action blogs, Practice Tips, tagged claims made settlement, class action fund, class action settlement, class award distribution, cy pres, fluid recovery on August 11, 2008 | 6 Comments »
I’m not sure if it is by coincidence or not, but the use of the cy pres doctrine in class actions has been the subject of criticism from several different sources over the past couple of weeks. Cy pres, loosely translated from its original French “cy-près,” means “as near as possible” or “as near as may be.” The doctrine arises out of [...]
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Long Live the Reversionary, “Claims-Made” Settlement
Posted in Class Action Settlements, Commentary, tagged claims made settlement, class action reform, class action settlement, cy pres, reversion, reversionary settlement on February 23, 2010 | Leave a Comment »
The other day, a colleague tipped me off to a December 2009 blog posting by Oakland, California employment and civil rights attorney Bryan Schwartz entitled Death to the Reversionary, “Claims-Made” Settlement, a thoughtful, well-written article with which I completely disagree and to which I felt compelled to respond. Schwartz is critical of what he alternatively calls [...]
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