· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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