For more, I recommend Bill Rubenstein's amicus in this case. Bill authors the leading treatise on class actions and examined thousands of cy pres awards. He finds "full" cy pres--where no money goes to plaintiffs--"exceedingly rare." (18 cases in 20 years) https://www.supremecourt.gov/DocketPDF/17/17-961/62679/20180905110304553_Rubenstein%20Amicus%20Brief%20and%20Appendix.pdf …https://twitter.com/elizabethcburch/status/1055525877793153026 …
-
Show this thread
-
Eleven of those cases are Fair Debt Collection Practices Act cases, where Congress capped damages at $500,000 (or 1% of company's worth). Because of small net worth of some defendants, in some classes, distributing funds were infeasible in those cases.
1 reply 0 retweets 1 likeShow this thread -
He concludes: "Full cy pres cases are, in sum, (1) few; (2) scrutinized by skeptical federal judges; (3) confined to several very specific doctrinal situations; and (4) neither presently displacing true compensatory damage cases nor likely to do so."
1 reply 1 retweet 1 likeShow this thread
Google tried to make that argument in brief opposing cert. I thought it was pretty convincing but the justices thought otherwise
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.