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

Litigation Practice Group Podcast

February 8, 2012

Theodore H. Frank, Patrick Perotti, Margaret A. Little

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  Who Should Receive Unclaimed Class Action Awards? The Tale of Cy Pres - MP3
Running Time: 00:56:35

Practice Groups Podcasts

Cy 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, discussed 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," presented the case for the use of this practice in class actions. Margaret A. Little, Director of the Federalist Society's Pro Bono Center, moderated. After their remarks, the speakers took 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

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Related Links

"Ohio Lawyers Give Back"
Nachshin v. AOL (9th Cir. 2011)
Klier v. Elf Atochem (5th Cir 2011) (PDF)
"Cy Pres: A Not So Charitable Contribution to Class Action Practice" by The Institute for Legal Reform (October 27 2010)
"Cy Pres Settlements," by Theodore H. Frank, Director, American Enterprise Institute's Legal Center for the Public Interest, Class Action Watch (March 2008) (PDF)
"Ohio Lawyers Give Back," by Patrick J. Perotti, Esq., Dworken & Bernstein Co., LPA in consultation with Judge Forrest Burt, Geauga County Common Pleas Court, For the Record (Second Quarter 2009) -- SEE PAGES 17-18 (PDF)

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