Tag Archives: ALI Principles

Cy Pres Distribution of Class Action Settlement Funds: First Circuit Provides New Guidance

Last week, in In re Lupron Marketing & Sales Practices Litigation, Nos. 10-2494, 11-1329, 2012 U.S. App. LEXIS 8263 (1st Cir. Apr. 24, 2012), the First Circuit issued a significant opinion providing substantial guidance on distribution of excess funds in a class action settlement on a cy pres basis. This situation typically occurs when there … Continue Reading

When Is An Issues Class Appropriate for Certification? New Third Circuit Opinion Follows the ALI Principles of Aggregate Litigation

Following Wal-Mart, I expect we will see more attempts by plaintiffs to try to certify issues classes under Rule 23(c)(4), which provides that “[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues.”  Courts have disagreed about when issues classes may be certified under this provision.  The … Continue Reading