The Use of Cy Pres in Class Action Settlements: The Best of Bad Options
22 Pages Posted: 8 Jun 2014
Date Written: May 1, 2014
This paper first briefly traces the history of the cy pres doctrine and how it became a common and integral part of resolving class action lawsuits. It next examines the various approaches, perspectives, and recommendations of courts and scholars confronted with the increasing use of cy pres in class-action fund distribution. Finally, it concludes that, though still functionally and perhaps constitutionally problematic, cy pres may be the best of many bad alternatives when it comes to distributing funds resulting from a class action settlement.
Keywords: cy pres, class action, settlement, residual fund, absent class members, Rule 23, settlement fund, class action settlement, Facebook, Netflix
Suggested Citation: Suggested Citation