Justices Won't Review $380M 'Cy Pres' Agreement That Noel Francisco Held His Nose Over
The Justice Department in June, under U.S. Attorney General Jeff Sessions, announced a new policy that generally prohibits government attorneys from entering into settlement agreements that require “cy pres” payments. Still, DOJ did not want the Supreme Court to disturb this settlement.
March 26, 2018 at 10:27 AM
3 minute read
Solicitor General's office at Main Justice in Washington. Credit: Mike Scarcella / NLJ
The U.S. Supreme Court on Monday declined to review two separate challenges to a $380 million fund that is designated for third parties in a larger class action settlement between the federal government and Native American farmers and ranchers.
The U.S. Justice Department had urged the justices to deny review even though it previously had called the third-party agreement “regrettable” in the lower appellate court. So-called “cy pres” payments are funds that are given to persons or entities that are not direct parties to the dispute.
The Justice Department in June announced a new policy that generally prohibits government attorneys from entering into settlement agreements that require “cy pres” payments.
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