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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.