Cy Pres Awards Don't Have to Be Complicated

In some class actions for damages, it is impossible to get the money recovered from the defendant to some or all of the class members. They can't be identified or found, they may be dead, or the cost of getting it to them -- say, $1 each to 5 million class members -- may be prohibitive. For 40...

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Bibliographic Details
Published in:The National Law Journal & Legal Times 2015-02, Vol.37 (24), p.10
Main Author: Bryant, Arthur H
Format: Article
Language:English
Subjects:
Class action lawsuits
Settlements & damages
Supreme Court decisions
Online Access:Get full text
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Summary:In some class actions for damages, it is impossible to get the money recovered from the defendant to some or all of the class members. They can't be identified or found, they may be dead, or the cost of getting it to them -- say, $1 each to 5 million class members -- may be prohibitive. For 40 years, the courts have held that in these circumstances, the money can be given to appropriate others as cy pres awards to benefit those class members indirectly and advance the goals of the case. The name comes from the French term "cy pres comme possible," meaning "as near as possible."
ISSN:2163-8756