SCOTUS Cert Skirt Left Door Open For Cy Pres Tune-Up

Law360, New York (November 8, 2013, 6:28 PM EST) -- On Nov. 4, 2013, the U.S. Supreme Court denied a petition for a writ of certiorari in Marek v. Lane. The petition involved objections to the settlement of a class action involving Facebook. Rather than paying money or other benefits to any class member, the settlement involved a cy pres remedy — that is, a benefit given to a third party that theoretically provides some benefit “as near as possible” to the individual members of the class.

Denials of certiorari are not usually noteworthy. But here,...
To view the full article, register now.