Criticism of Cy Pres Settlements Goes Too Far


Bill Boies, Julian André and Latonia Haney Keith wrote this bylined article in response to criticisms by the Ninth Circuit and Chief Justice Roberts concerning cy pres awards that distribute residual class action settlement funds to legal services organizations. The authors wrote that proper targeting can “avoid random cy pres awards to unrelated organizations or targeted awards that diminish the desire to settle” and thus serve as “a necessary tool for parties who need to resolve complex disputes.”