BankAmerica Corporation Securities Litigation

Big cy pres victory in 8th Circuit: Oetting v. Green Jacobson

For years, parties have used cy pres—the practice of giving settlement money to charity instead of the class—in abusive ways. When proposed by defendants, cy pres can be used to create the illusion of relief to justify greater attorneys' fees at the expense of the class when in fact all that is happening is that the defendant is changing accounting entries on charitable donations it would have made anyway. When cy pres is used to justify…

Big cy pres victory in 8th Circuit: <em>Oetting v. Green Jacobson</em>

McClellan: Divvying Up $2.7 Million in Leftovers

"The big question was this: Why should money belonging to the class members be given to a charity — no matter how much the judge and the class-action lawyers like the charity? The judge in this instance is U.S. District Judge Carol Jackson. The lawyers are from the firm of Green Jacobson."

McClellan: Divvying Up $2.7 Million in Leftovers

Oetting v. Green Jacobson / Oral argument September 10 in 8th Circuit on cy pres

Bank of America settled a nationwide securities class action in the E.D. Mo. for hundreds of millions of dollars. For some reason, the district court judge ordered that $2 million or so of the settlement fund not be distributed immediately. By a few years later in 2013 (after interest and restitution from a settlement administrator employee that had embezzled from the settlement fund), there's $2.7 million left over. At the behest…

BankAmerica Corporation Securities Litigation

CCAF represented an objecting class representative on appeal. The Eighth Circuit adopted all of CCAF's arguments; it held that charitable donation of class monies was inappropriate and that cy pres payments should only be used if further distribution to the class is not feasible. In addition, the court criticized the choice of the cy pres recipient because the St. Louis legal aid society was unrelated to the securities injuries alleged in the lawsuit.

<em>BankAmerica Corporation Securities Litigation</em>
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