Kavanaugh’s View of Judicial Power: Could It Be Tested at Supreme Court in Frank v. Gaos?

Brett Kavanaugh’s Supreme Court confirmation hearing is slated to begin Tuesday, September 4, at 9:30 a.m. before the Senate Judiciary Committee. It is safe to say that the hearing will be replete with the usual senatorial posturing and pandering. But if they actually get around to asking the nominee some substantive questions, among those that loom largest is how Kavanaugh conceives of the judicial power. Given his dozen years on the D.C. Circuit, Kavanaugh…

Get Ready for a Frank Oral Argument

Theodore Frank has been firing shots at so-called “cy pres” settlements—an especially controversial component of some class actions—for more than a decade. On October 31, he will take his crusade all the way to the U.S. Supreme Court, lock, stock and barrel.

State AGs, ABA Press High Court Over Google Privacy Deal

"Cy pres-only settlement arrangements embody the worst flaws of the class action settlement system and are notable in their disservice to consumers," said the coalition, which is led by Arizona Attorney General Mark Brnovich. "In cy pres-only deals, defendants and class counsel secure their own goals from the litigation while bypassing the class."

CCAF Files Supreme Court Brief in Case Challenging Abuse of Class Action System

Today the Center for Class Action Fairness filed its opening brief in Frank v. Gaos, a case before the U.S. Supreme Court challenging a class action settlement that provided zero dollars to class members, more than $2 million to the lawyers, and the remaining $5.3 million to third-party organizations unrelated to the case. Those organizations include class counsel’s alma maters and nonprofits to which defendant Google already contributes. This unfair practice of giving away class members’ money…

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