Podcast appearances and mentions of cy pres

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the recent decision in Dors et al. v. The Public Guardian and Trustee, 2023 ONSC 1503, where the Ontario Superior Court of Justice addressed the application of the cy-pres doctrine in circumstances in which a charity ceased operations after the execution of a will. Follow us on social media:

Cy pres is the practice of awarding class-action settlement funds to third-party organizations when distribution of settlement funds directly to class members is considered impractical. Champions of cy pres awards – which can amount to tens of millions of dollars – claim that the practice directly aids the causes in question. They also note its […]

Cy pres is the practice of awarding class-action settlement funds to third-party organizations when distribution of settlement funds directly to class members is considered impractical. Champions of cy pres awards – which can amount to tens of millions of dollars – claim that the practice directly aids the causes in question. They also note its convenience and the importance of deterrence. Cy pres critics contend that such awards lead to conflicts of interest, the failure of class attorneys to prioritize class recovery, and First Amendment concerns over the compelled support of political beneficiaries. By a 6-5 vote, the Eighth Circuit recently declined en banc review of an opinion affirming approval of a Monsanto settlement that paid $16 million to cy pres while leaving 98% of the class uncompensated. The Second Circuit affirmed approval of a settlement with Navient that paid the class of student debtors nothing with all settlement proceeds going to a few nonprofits affiliated with the teachers' union funding the class action. Both courts rejected objectors' First Amendment and Rule 23 arguments, and both cases are now the subject of cert petitions.Ted Frank, who argued Frank v. Gaos and is counsel of record in St. John v. Jones and Yeatman v. Hyland, and Brian Fitzpatrick, author of The Conservative Case for Class Actions, will debate the pros, cons, and legality of cy pres and discuss possible Supreme Court review.Featuring:--Theodore "Ted" Frank, Director of Litigation & Senior Attorney, Hamilton Lincoln Law Institute--Brian T. Fitzpatrick, Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School

A federal court in Missouri approved a $39.5 million Roundup settlement and awarded a cy pres payment while a federal court in Wyoming dismissed a suit challenging RFID tags and the Tenth Circuit vacated the small refinery RFS exemptions issued by the prior administration.  Then, a report from EPA’s Inspector General found decreased EPA enforcement due to lack of funding and a Michigan dairy farm was penalized for NPDS violations. Also, Mexico extended the compliance deadline for U.S. producers under the country’s recently enacted Organic Products Law while USDA announced payments to socially disadvantaged farmers Under and reopened the comment period for the Origin of Livestock Rule under the National Organic Program.   Hosted by Audry Thompson, Research Assistant Material from the Agricultural Law Weekly Review—May 21, 2021  Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/  Follow us on Twitter @AgShaleLaw  Like us on Facebook Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

In this week's Legal Issues in the News, the University of Illinois College of Law's Jennifer Pahre explains cy pres.

Brian and Shant discuss cy pres in class action settlements, obtaining a default judgment in a PAGA case, expert declarations in malpractice cases, disqualification of lawyers in a partnership dispute, insurance coverage when insured fails to pay self-insured retention, and liability of a national fraternity for injuries sustained by a plaintiff at a local party.

Basically a remand to determine standing.

In this episode: A left-wing lobbyist loses his law license after trying to shake down Chevron over alleged environmental violations in Ecuador; the U.S. Supreme Court hears Frank v. Gaos, a case regarding the legitimacy of class action lawsuit settlements which direct the money not to the injured class of persons, but rather trial lawyers; and the Freedom Foundation, a free-market organization in the Pacific Northwest, claims credit for persuading 25,000 government employees principally in Oregon and Washington to stop paying dues or agency fees to government worker unions. Learn more about the organizations and influencers discussed in the show at InfluenceWatch.org Facebook: https://www.facebook.com/capitalresearchcenter Twitter: https://twitter.com/capitalresearch Instagram: https://www.instagram.com/capital.research.center/ LinkedIn: https://www.linkedin.com/company/capital-research-center-dc

In episode 32 we chat to Chris Willis Pickup, Partner at Taylor Vinters law firm and former Head of Litigation for the Charity Commission for England & Wales. charity law. We discuss a whole host of topics including: -What does charity law actually entail? -Defining charitable purposes -Dormant trusts, the Cy Pres doctrine and the National Fund -Campaigning and charity law -What is the role of a charity regulator? -Developing digital skills in charities -Charity RegTech -What role can lawyers play in promoting philanthropy?

Is donating to charity surplus class action settlement funds a logical, efficient solution for unclaimed damages, or a Due Process and First Amendment violation that incentivizes collusion and self-dealing? The U.S. Supreme Court will consider the practice next term, reviewing a Ninth Circuit affirmance of a Cy Pres-based settlement. Guests Jeremy Kidd (Mercer Univ. SOL) and Jay Tidmarsh (Univ. Notre Dame SOL) offer differing views on the doctrine's utility, defects, and future.

Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I talk about three newly granted cases for next term, and I give a broad overview of where we stand in the current term: the opinions we’ve seen so far and the cases we’re still waiting on.   … Continue reading Episode 046: Livestream — Cruel and Unusual Punishment, Class Arbitration, and Cy Pres