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,...
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