The Use of Cy Pres in Class Action Settlements: The Best of Bad Options

22 Pages Posted: 8 Jun 2014

See all articles by Matthew Fenn

Matthew Fenn

Fordham University School of Law

Date Written: May 1, 2014

Abstract

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

Fenn, Matthew, The Use of Cy Pres in Class Action Settlements: The Best of Bad Options (May 1, 2014). Available at SSRN: https://ssrn.com/abstract=2446989 or http://dx.doi.org/10.2139/ssrn.2446989

Matthew Fenn (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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