5th Circ. Finds District Court Misapplied Cy Pres

Law360, New York (September 27, 2011, 4:05 PM EDT) -- The Fifth Circuit ruled Monday that a lower court was wrong to give leftover funds to charity after a subclass in a $41.4 million toxic emissions suit settlement had finished a medical monitoring program, directing the money toward another subclass instead.

A three-judge panel reversed a Texas federal court's decision to give $830,000 to charity, as requested by defendant Arkema Inc., and remanded the case with instructions to allocate the money to a subclass allegedly injured by arsenic and other emissions from an Arkema plant....
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