May 18, 2018
Is the End 'Near' for Class Action Cy Pres?
Is donating to charity surplus class action settlement funds a logical, efficient solution for unclaimed damages, or a due process and First Amendment violation that incentivizes collusion and self-dealing? The U.S. Supreme Court will consider the practice next term, reviewing a Ninth Circuit affirmance of a Cy Pres-based settlement. Guests Jeremy Kidd (Mercer Univ. SOL) and Jay Tidmarsh (Univ. Notre Dame SOL) offer differing views on the doctrine's utility, defects, and future.