Class Action Cy Pres: A Call for Reform Amidst Inconsistency and Criticism

Authors

Emily Potucek

First Page

713

Abstract

The prevalence of cy pres awards in class action settlements has increased remarkably in the last several decades. However as class action cy pres practice has become more commonplace, so have the concerns for its propriety in the class action context. Indeed because these concerns were recognized by the U.S. Supreme Court without further clarity on how, and whether, they can be alleviated, the viability of class action cy pres practice is uncertain. In response to this uncertainty, this Comment presents an exhaustive inquiry into cy pres practice in class action settlements. It demonstrates that while certain courts’ cy pres practices are distorting the purposes of the remedy and contributing to its myriad of criticisms, other courts’ contrasting practices indicate that so long as cy pres is appropriately restricted, it can be a meaningful remedy for some class action settlements. It argues that if the limitations of these courts are uniformly implemented and accompanied by several further guidelines, the remedy warrants preservation.

Recommended Citation

Emily Potucek, Class Action Cy Pres: A Call for Reform Amidst Inconsistency and Criticism, 27 Lewis & Clark L. Rev. 713 (2023).
Available at: https://lawcommons.lclark.edu/lclr/vol27/iss2/8