When individual distributions are not feasible, a court applying the cy pres doctrine to distributions of the remainder of the fund is left trying to ascertain a recipient that would indirectly benefit the members of the class.
In this case, the Eighth Circuit appropriately applied the cy pres doctrine.
a variant of the cy pres doctrine at common law," and finding no
expanded the cy pres doctrine to permit distributions to charitable
receive a gift made for one purpose and use it for another, unless the court applying the cy pres doctrine
An appeal soon followed to determine whether the trial court erred in finding the Museum, as residuary beneficiary of the Foundation, possessed a right to reservation and therefore had standing in the dispute; whether the trial court erred in finding that the charitable intent of the gifts was specific rather than general charitable intent; and whether the trial court erred in finding that the University could not satisfy the necessary elements to entitle it to relief under the cy pres doctrine.
Judges have a great deal of discretion when applying the cy pres doctrine.
Courts have found the cy pres doctrine useful in class action suits as well.
Though courts have used the common law cy pres doctrine to distribute residual funds to some very worthy nonprofit organizations, Glaves says, "Litigants and judges often don't give enough thought to keeping the funds in the justice system.
by use of the cy pres doctrine, and the Connecticut Supreme Court
cy pres doctrine, appoints and regulates the trustees, approves
application of the recovery for the benefit of class members under cy pres doctrines
, would fulfill the deterrence objectives of class actions.
Beisner played an integral role in crafting the landmark Class Action Fairness Act of 2005, and his many policy papers cover important legal reform issues such as class action litigation, discovery, third-party litigation funding, and the cy pres doctrine
The baseline rule is that trustees may not deviate from the explicit trust terms absent a showing of illegality, impossibility, or severe impracticability through the cy pres doctrine
Relying on this rationale, several legislatures have enacted more liberal versions of cy pres and many courts have construed the cy pres doctrine
more expansively, in an attempt to further their view of the public interest.