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One of the critical issues addressed in a class action settlement is how the settlement funds are to be distributed. A popular method of doing this is to have a portion of the settlement fund made as a cy pres payment for the benefit of the class members. The term “cy pres” derives from the French expression “ cy pres comme possible,” meaning “as near as possible.” In the context of class actions, a cy pres distribution attempts to put settlement funds to their next-best use; for one of a number of reasons, it is difficult to distribute all settlement funds to individual class members.
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Defeating Certification of “No-Injury” Consumer Protection Class Actions
By Steven P. Benenson
In the past several years, plaintiffs’ firms have threatened or brought class actions against different companies under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
Maximizing Future Medical Damages in Paralysis Cases
By Mitch Warnock
When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.
Genetic Labeling: Legal Uncertainty for Pharma Product Liability
By Shannon E. McClure and Whitney Mayer
The FDA’s recent approval of 23andMe’s direct-to-consumer genetic test to identify genes associated with 10 common diseases and disorders could result in a widespread expansion of patients armed with individualized health information. This expansion of genetic information in the hands of consumers potentially impacts regulatory and litigation issues for pharmaceutical companies.
By ljnstaff
Discussion of major rulings out of Texas and California.
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