· 4/24/2012
In Re Lupron Marketing and Sales Practices Litig.
Citations
- 677 F.3d 21
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that cy pres award in the form of funded research can “accrue 6 both to the claimant class members and to the living absent class members”
- finding that a disbursement order was merely ministerial because it was entered subsequent to an order that awarded distribution to a specific party
- approving cy pres distributions when all class members who had submitted claims had already been fully compensated for their damages by prior direct distributions
- expressing concerns over the parties agreeing to. give discretion to the district court to distribute unclaimed funds from a class action settlement
- noting in the context of class action settlements that redistribution of unclaimed funds to already- compensated plaintiffs can result in an undeserved windfall and create incentives for suits where large numbers of absent class members were unlikely to make claims
- “It is not the location of the recipient which is key; it is whether the projects funded will provide ‘next best’ relief to the class.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Chief Judge, Souter, Associate Justice
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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