In a case of first impression, the U.S. Court of Appeals for the Third Circuit has vacated a $35.5 million antitrust settlement involving baby product manufacturers because $18.5 million of that settlement was allocated as cy pres distributions.

The Third Circuit also hinted that the lower court may want to revisit the $14 million in attorney fees and expenses that were awarded, but ultimately left that to the district court’s discretion.

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