The Supreme Court appears ready to permit 100% cy pres awards in class actions under very limited circumstances
Are cy pres awards a thing of the past? Reading the tea leaves from last month’s Supreme Court argument in Frank v. Gaos, Hausfeld partner Irving Scher gives a resounding “no.” Not only do they seem entirely safe for the purpose of distributing residual funds after making monetary distributions to class members, but the Court seemed poised to uphold a 100% cy pres distribution under rare circumstances. Unless a previously unaddressed standing issue stands in the way… read Irving Scher’s article here to learn more.