Class-Action Objector Ted Frank Has Another ‘Cy Pres’ Challenge at SCOTUS
“The circuit split is still there,” Frank said. “They granted cert on it before and the Ninth Circuit is still signing off on some really appalling cy pres settlements.”
Supreme Court sends consumers suing Google over privacy issues back to court
Frank, litigation director at the Hamilton Lincoln Law Institute, said the case would now go back to appellate judges in the Ninth Circuit, who would decide whether to kick it to the Northern District of California or decide the matter themselves. “The day of reckoning has been postponed,” he told MarketWatch. “But the writing is on the wall.”
SCOTUS Punts in Cy Pres Case
“This decision simply delays the day of reckoning for this unfair practice,” said Ted Frank, Director of Litigation and Senior Attorney at the Hamilton Lincoln Law Institute.
Chapman v. Tristar Products, Inc.
CCAF filed an amicus brief supporting a bipartisan coalition of 18 state attorneys general, lead by Mark Brnovich of Arizona, who seek to intervene and oppose an appalling attorney-centered class action settlement. States should have a meaningful ability to police class-action settlements when class action settlements harm residents and class members, as the Tristar settlement does.
In re Domestic Airline Travel Antitrust Litigation
CCAF attorneys object to settlements with two airlines because the settlements do not explain how class members will be compensated, and the money might be diverted to third party cy pres beneficiaries.
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Announcing Hamilton Lincoln Law Institute
In January 2019, CCAF will become part of the new Hamilton Lincoln Law Institute, a free-market nonprofit public-interest law firm created by CEI/CCAF litigators Ted Frank and Melissa Holyoak.
Appeals Court Returns Class Action To Lower Court After Only $225,000 Paid Out To Class Members, But $12M Awarded To Attorneys And Third-Party Universities
"We think the court got it half right," attorney Adam Schulman, who argued the CEI's position before the appeals court, told the Northern California Record, adding that the remanding of the attorney fees was welcome, but it still allowed millions of dollars to be disbursed to non-class members. The institute objects to the way the "cy pres" doctrine is used in class actions.
photo credit: www.proflowers.com
Berni v. Barilla
Class member and CCAF attorney Adam Schulman objected to a slack fill settlement that provides class members with worthless labeling changes.
Supreme Court Hears Challenge to Unfair Class Action Settlement that Gives Millions to Attorneys, Zero Dollars to Class Members
Today the U.S. Supreme Court heard arguments in a landmark case brought by the Center for Class Action Fairness (CCAF) challenging an unfair class action settlement in which lawyers and their hand-picked universities and pet causes got millions while class members got nothing.
Money For Nothing: SCOTUS Could Stop Class Action Funds From Being Steered To Non-Parties
No one has a precise count of the class action settlements that include cy pres payments, and Frank said many may be included in quiet agreements that are never disclosed to the class. Federal courts dispose of about 275,000 cases a year, with 350 of them class actions.
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