A case before the U.S. Supreme Court challenging application of the cy pres doctrine in class action settlements has attracted a flurry of amicus briefs on both sides—and the arguments are all over the map.

Ted Frank, the director of litigation at the Center for Class Action Fairness at the Competitive Enterprise Institute, is asking the Supreme Court to overturn a settlement with Google that paid $5.3 million to six nonprofits, $2.1 million to plaintiffs lawyers and nothing to the class. In his opening brief, he argued that settlements made up exclusively of cy pres funds—which is money paid by the defendant that goes to third parties—violate Rule 23 of the Federal Rules of Civil Procedure because they deprive the class of any benefits.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]