Cy Pres Survives, but for How Long?
One of the absent class members challenged the settlement, asserting that the cy pres award is not “fair, reasonable, and adequate” compensation to class members and, without the cy pres component, class counsels’ attorney’s fees were unreasonable. Thus, although Gaos was advertised as the Supreme Court’s first foray into cy pres awards, it ultimately proved to be the wrong vehicle for the …