Frank v. Gaos is a case that weighed the merits of cy pres, a pesky complex doctrine left applied to my dismay. When in class action settlements, there are remaining funds, Defendants seem to benefit from what the Plaintiffs won.
Worse still the doctrine is applied in cases such as this; when direct payments to a class are deemed de minimus. Counsel decided class members were fine with what they got, Then phoned their favorite charities to divvy the whole pot.
Once courts agree that’s close enough to benefit the class, They seem to turn a blind eye to what’s really come to pass: Although there are alternatives, which objectors have implored, The cash goes to a charity (Defendant’s on the Board).
I hope to use this note to criticize the cy pres doctrine. I’ll lay out some alternatives to find a better option. Quand cherchent justice il n’y a chose plus horrible Que dire que on vas arriver cy pres comme possible.
Horseshoes and Hand Grenades: Frank v.Gaos and the Problem with Class Action Cy Pres Distributions,
28 U. Miami Bus. L. Rev.
Available at: https://repository.law.miami.edu/umblr/vol28/iss1/4