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University of Missouri School of Law

2017

Settlements

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Never Settle For Second Best? Cy Pres Distributions In Securities Class Action Settlements, Brianna S. Hills Apr 2017

Never Settle For Second Best? Cy Pres Distributions In Securities Class Action Settlements, Brianna S. Hills

Missouri Law Review

There is an old adage that one should “never settle for second best.” While this advice is arguably well taken in most areas of life, it is less useful in settlement discussions. In 2015, more federal securities class actions were filed than during the height of the financial crisis in 2008, with more of those cases settling than in any year since 2011.1Consumer class action funds often go largely unclaimed, leaving settlement funds intended to compensate injured plaintiffs unused and undistributed