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Cy pres (noun) from the French "Cy pres comme possible," meaning
"as near as possible." Cy pres funds typically result from class action
lawsuits when it is either impossible or impractical to distribute the
funds directly to the individuals who were injured. In those
situations, the court may order that the funds be used for grants to
benefit the class members indirectly or as nearly as possible in order
to remedy
or compensate for the harm to the class members.
The doctrine of Cy pres is also employed in Probate Matters when gifts
fail and in the area of Charitable Trusts when non-profit organizations
fail. In both cases, courts, with guidance from Attorneys General,
grapple with determining the next best use for these funds.
Cypresfunds.net has been established to assist the courts and
counsel distribute cy pres funds in a fair, equitable and efficient
manner and to facilitate eligible non-profit private groups and public
agencies in applying for grants from cy pres funds. Independent fund
administration consultants, working in cooperation with private and/or
public attorneys representing the plaintiff class or acting in the
capacity of Parens Patriae, oversee the process of fund distribution
pursuant to the court order in each case.
The consultants have extensive background and experience in cy
pres relief, philanthropic best practices (including grant review,
recommendations and monitoring) and consumer protection, including
health policy. They are very aware of and focused on the court and
counsel's desire to have transparency, objectivity and accountability
in all of the handling of cy pres relief, with particular attention to
addressing the harm to the plaintiff class and close adherence to cy
pres principles for the use of the funds. The settlement and/or court
order in each case is the reference point for the use of the funds.
The left side of this page lists the specific funds handled to date. Click on the name of the fund for more information.
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