Legal Opinion

In Re Baby Products Antitrust Litigation

Court of Appeals for the Third Circuit

Decided February 19, 2013No. 12-1165, 12-1166, 12-1167PublishedCited by 136 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

We address for the first time the use of cy pres distributions in class action settlements. 1 “The term ‘cy pres’ is derived from the Norman French expression cy pres comme possible, which means ‘as near as possible.’ ” Democratic Cent. Comm. v. Washington Metro. Area Transit Comm’n, 84 F.3d 451, 455 n. 1 (D.C.Cir.1996). 2 When class actions are resolved through settlement, it may be difficult to distribute the entire settlement fund, after paying attorneys’ fees and costs along with fund administration expenses, directly to its intended beneficiaries…

2Cases cited23 opinions

  1. Boeing Co. v. Van GemertSupreme Court of the United States · 1980
  2. In Re: The Prudential Insurance Company Of America Sales Practices LitigationCourt of Appeals for the Third Circuit · 1998
  3. In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219Court of Appeals for the Third Circuit · 1995
  4. Rodriguez v. West Publishing Corp.Court of Appeals for the Ninth Circuit · 2009
  5. Devlin v. ScardellettiSupreme Court of the United States · 2002

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3Cited by136 opinions

  1. Crystal Byrd v. Aaron's IncCourt of Appeals for the Third Circuit · 2015
  2. In Re National Football League Players Concussion Injury LitigationCourt of Appeals for the Third Circuit · 2016
  3. Jones v. GusmanDistrict Court, E.D. Louisiana · 2013
  4. In Re Modafinil Antitrust LitigationCourt of Appeals for the Third Circuit · 2016
  5. Amber Gascho v. Global Fitness Holdings, LLCCourt of Appeals for the Sixth Circuit · 2016

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