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Law Practice

Mar. 30, 2010

Cy Pres: The Myths and Misconceptions

Cy pres ensures that the entire class receives the maximum benefit from any settlement, write Richard Kellner and Artin Gholian of Kabateck Brown Kellner.

Over the past few years, the cy pres mechanism in class action settlements has come under increasing attack. Opponents contend that cy pres harms, rather than advances, the public's interests in class action settlements. The opponents of cy pres fail to recognize that cy pres often provides the only method by which meaningful relief can be provided to a class where the primary relief sought is injunctive and the monetary damage sustained by individua...

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