Karen Lee Torre, in the Sep. 28 Connecticut Law Tribune, hates cy pres even more than I do. See also Peggy Little at Point of Law.
Chronicling the high cost of our legal system
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{ 2 comments }
Aren’t those attorney fees based on the cy pres amount too?
We should have unclaimed funds returned and then have the attorney fees calculated according to what the class actually claimed.
But that won’t happen.
Why should coupon settlements be permitted at all? In single-plaintiff litigation, coupon settlements are to my knowledge very rare and occur mostly in circumstances in which they serve effectively as a kind of specific performance rather than damages (e.g. where a vendor provided a valuable product or service but not precisely what the purchaser expected). Wouldn’t it be better to forbid coupon settlements, or to restrict them to the same limited circumstances in which they would be considered appropriate outside of the class action context?
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