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Which Class Action Question Will Justices Decide?


  • December 14, 2018

In Law360, Steve Carey analyzed a U.S. Supreme Court case with significant implications for how damages are split in class action litigation. 

"The case, Frank v. Gaos, is about whether a 'cy pres' award that provides no direct relief to class members counts as 'fair, reasonable, and adequate,'" Steve wrote. "In simpler terms, can a settlement hold up even if the people harmed will not receive a single penny?"

"However, the question may ultimately be left unresolved, at least this time around," he continued. "About a week after oral arguments, the Supreme Court asked the parties involved to submit additional briefs on a more fundamental question: Do the plaintiffs have standing to bring this class action in the first place? And that question may be the only one the Supreme Court answers. Based on where the Supreme Court comes down, it could have its own implications for future class actions and regulatory enforcement, especially related to internet privacy."

Subscribers can read his full analysis hereLaw360 has more than 1 million newsletter recipients each day and is among the most trusted sources in the legal industry.