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· 11/21/2011

Nachshin v. Aol, LLC

Citations

  • 663 F.3d 1034
  • 2011 WL 5839610

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that, after distributions have been made to any claimants, [t]he cy pres doctrine allows a court to distribute unclaimed or non-distributable portions of a class action settlement fund to the ‘next best’ class of beneficiaries” (emphasis added)
  • objecting class members successfully challenged the district court’s choice of cy pres recipient on appeal
  • explaining that, after distributions have been made to any claimants, “[t]he cy pres doctrine allows a court to distribute unclaimed or non-distributable portions of a class action settlement fund to the ‘next best’ class of beneficiaries” (emphasis added)
  • considering whether the cy pres distribution “provide[s] reasonable certainty that any member will be benefitted”
  • framing escheat as an option courts should consider for unclaimed settlement funds “[i]f a suitable cy pres beneficiary cannot be located”
  • demanding cy pres recipients match geographic scope of nationwide class where class members received no money and cy pres amount totaled $110,000

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Smith, Gwin

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.