Before the end of the current term, the U.S. Supreme Court will get another chance to consider class action settlements in which all or nearly all the funds are paid to unrelated third parties and lawyers instead of to class members.

The justices last week avoided ruling on the merits of the controversial practice, known as “cy pres,” in the case Frank v. Gaos. The high court, in an unsigned opinion, sent that case, which involved an $8.5 settlement with Google, back to the U.S. Court of Appeals for the Ninth Circuit to determine whether the plaintiffs had suffered the required harm necessary to have standing to sue.

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