Chief Justice Roberts Turns Up The Heat On Cy Pres Pacts

Law360, New York (November 4, 2013, 10:17 PM EST) -- Though he and his colleagues refused on Monday to review a cy pres privacy settlement reached by Facebook Inc., U.S. Supreme Court Justice John Roberts said the court hoped to review a similar pact in the near future, a warning expected to make litigants and judges think twice before using or approving the increasingly popular form of settlement.

The court declined to review a divided Ninth Circuit opinion approving a class action settlement in which Facebook agreed to terminate its short-lived Beacon feature and pay $9.5 million to set up an online privacy foundation and compensate class counsel. In a statement, Justice Roberts...

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