Who Should Receive Unclaimed Class Action Awards? The Tale of Cy Pres

Litigation Practice Group Teleforum

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Who Should Receive Unclaimed Class Action Awards?  The Tale of Cy PresCy Pres, a doctrine borrowed from the law of trusts, has in recent years been adopted by courts in litigation to distribute class action funds to purposes or recipients other than those presented by the original class action plaintiffs. This once rare, now increasingly common practice, has come under fire for lacking a foundation in applicable law and representing a wholly discretionary exercise of judicial power. Theodore H. Frank, of the Center for Class Action Fairness, will discuss the history and practice of this little-known and less-well-understood power of class action courts. Attorney Patrick J. Perotti, of the class action law firm Dworken & Bernstein and "Ohio Lawyers Give Back," will present the case for the use of this practice in class actions. Margaret A. Little, Director of the Federalist Society's Pro Bono Center, will moderate. After their remarks, the speakers will take questions from the callers.


  • Mr. Theodore H. Frank, Founder, Center for Class Action Fairness
  • Mr. Patrick J. Perotti, Partner, Dworken & Bernstein Co., L.P.A.
  • Moderator: Margaret A. Little, Little & Little Attorneys at Law and Director of the Federalist Society's Pro Bono Center