Civil Litigation,
Law Practice,
9th U.S. Circuit Court of Appeals
Sep. 8, 2017
Cy pres is alive and well in class action settlements
The 9th Circuit has approved the use of cy pres in settlements where there are millions of class members who would receive pennies if there was a pro rata distribution of a common fund.
Caleb H. Liang
Senior Counsel
LTL Attorneys LLP
Phone: (213) 612-3737
Email: caleb.liang@ltlattorneys.com
James M. Lee
Managing Partner
LTL Attorneys LLP
601 S. Figueroa Street, Suite 3900
Los Angeles , CA 90017
Fax: (213) 612-3773
Email: james.lee@ltlattorneys.com
Stanford Univ Law School; Stanford CA
Despite prognostications to the contrary, cy pres is alive and well in the 9th Circuit. In In re Google Referrer Header Privacy Litigation, 2017 DJDAR 8031 (Aug. 22, 2017), the 9th U.S. Circuit Court of Appeals affirmed approval of an $8.5 million cy pres-only class action settlement. The case involved small monetary harm to millions of class members. This provided the perfect opportunity for the court to set forth the factors under which c...
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