Ninth Circuit cy pres victory in Nachshin v. AOL
We've been at the forefront of noting the problem of abusive cy pres; originally intended as a last resort "second-best" way to benefit the class after resolution of a case where there is leftover money, too many class actions use cy pres as a first resort to exaggerate the class benefits, or to siphon some of those benefits to the class attorneys or the defendants or, shockingly, the judge. A couple of recent decisions…
AOL cy pres Ninth Circuit appeal oral argument set
I'll be arguing the AOL cy pres case June 7 in Pasadena. (My record in Ninth Circuit oral arguments to date: 2-0, with one pending.) Come watch if you're interested in cy pres issues. If you're not interested in cy pres, but are interested in trademarks and pornography (and who isn't?), they're also arguing Roxbury Entertainment v. Penthouse Media ("The content of the film is primarily graphic sex scenes; however, the 'story line' to the extent there is one, concerns…
Stockholm Syndrome in the Nachshin v. AOL case
For the life of me, I can't imagine why a defense attorney with the best interests of his client in mind wouldn't simply say: "You sued us, you defend the settlement. We're paying you hundreds of thousands of dollars to go away. My client shouldn't have to pay another penny into this case."
Ninth Circuit appeal over cy pres: Nachshin v. AOL
Tuesday, the Center filed its opening brief appealing the approval of a class action settlement against AOL.
Nachshin v. AOL, LLC
This settlement over email advertising inappropriately channeled settlement funds to third parties unrelated to the class. The Ninth Circuit sustained the Center’s objection and reversed the district court’s approval of the settlement.
