United States Class Actions
In 1986, the California Supreme Court endorsed cy-près mechanisms in class action settlements, and other American courts followed. Cy-près mechanisms allow money to be used to promote the interests of class members, rather than reverting to a defendant, which could be seen as a windfall to a defendant charged with breaking the law. Judge Richard Posner has argued that the term is a misnomer in the class action context, because cy-près awards serve a punitive effect. Some commentators have criticized the use of cy-près settlements; the American Law Institute's Draft of the Principles of the Law of Aggregate Litigation proposes limiting cy-près to "circumstances in which direct distribution to individual class members is not economically feasible, or where funds remain after class members are given a full opportunity to make a claim."
Read more about this topic: Cy-près Doctrine
Famous quotes containing the words united states, united, states, class and/or actions:
“Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.”
—Alexis de Tocqueville (1805–1859)
“Vanessa wanted to be a ballerina. Dad had such hopes for her.... Corin was the academically brilliant one, and a fencer of Olympic standard. Everything was expected of them, and they fulfilled all expectations. But I was the one of whom nothing was expected. I remember a game the three of us played. Vanessa was the President of the United States, Corin was the British Prime Minister—and I was the royal dog.”
—Lynn Redgrave (b. 1943)
“Courage, then, for the end draws near! A few more years of persistent, faithful work and the women of the United States will be recognized as the legal equals of men.”
—Mary A. Livermore (1821–1905)
“There is a certain class of unbelievers who sometimes ask me such questions as, if I think that I can live on vegetable food alone; and to strike at the root of the matter at once,—for the root is faith,—I am accustomed to answer such, that I can live on board nails. If they cannot understand that, they cannot understand much that I have to say.”
—Henry David Thoreau (1817–1862)
“Long ago I added to the true old adage of “What is everybody’s business is nobody’s business,” another clause which, I think, more than any other principle has served to influence my actions in life. That is, What is nobody’s business is my business.”
—Clara Barton (1821–1912)