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U.S. Supreme Court,
Civil Litigation,
9th U.S. Circuit Court of Appeals

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.


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