Howard Erichson was quoted in a Bloomberg Law article about class-action lawsuits.
Professor Howard Erichson, who studies complex litigation at Fordham University School of Law in New York, laid out what is at stake in the case.
Unchecked use of cy pres threatens “to undermine the public interest because they are an easy way for class counsel to earn fees—and for defendants to get res judicata—without providing a meaningful remedy to class members,” he said. But banning cy pres altogether could kill class actions where it’s hard to get money to class members.
“Cy pres settlements run amok have become a real problem, but I’m worried about whether the Court will go too far,” Erichson said.