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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/aggregate0025 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE PRINCIPLES OF THE LAW OF AGGREGATE LITIGATION CHAPTER 3. AGGREGATE SETTLEMENTS TOPIC 2. CLASS SETTLEMENTS § 3.07. Cy Pres Settlements C.A.9, 2021. Quot. in disc. (general cite); coms. (b) and (c) quot. in conc. op. After class of internet users entered into a settlement agreement with website owner for purported violations of the Wiretap Act, class members objected, alleging, inter alia, that the court should not approve the terms of the settlement agreement directing payments to cy pres recipients, because the recipients had significant prior affiliations with defense counsel and class counsel. The district court approved the proposed settlement agreement. This court affirmed, holding that the district court did not abuse its discretion by approving the cy pres recipients. The court noted that defendant relied on Principles of the Law of Aggregate Litigation § 3.07 and out-of-circuit authority, and did not cite any binding authority. Citing § 3.07, the concurrence noted that the doctrine of cy pres was sometimes overly relied upon in settlement actions without due regard for conflicts of interest between class counsel and absent class members. In re Google Inc. Street View Electronic Communications Litigation, 21 F.4th 1102, 1120, 1123, 1124. COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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