Cy pres awards are residual funds in class action cases (and occasionally in other types of proceedings) that, for any number of reasons, are unclaimed or cannot be distributed to the class members or beneficiaries who were the intended recipients. Federal courts in Illinois and elsewhere in the country have long recognized that under the cy pres doctrine, courts can distribute these residual funds to appropriate charitable causes, and the CBF and the legal aid organizations and related initiatives the CBF supports are appropriate beneficiaries. See, e.g., Superior Beverage Co. v Owens-Illinois, Inc., 827 F. Supp. 477 (N.D. Ill. 1993) (approving distribution of unclaimed funds to a variety of charitable organizations); In re Scouring Pads Antitrust Litigation, No. 93 C 6594, 1995 WL 290242, at *1 (N.D. Ill., May 11, 1995); In re Xpedior Inc., 2006 WL 3017330 (Bkrtcy. N.D. Ill., Oct. 23, 2006).
More information on the CBF and cy pres awards is available by clicking here .
Sample language that can be used for settlements of class actions is available by clicking here .
The CBF is an ideal place to direct cy pres awards. The CBF puts these awards immediately to use in our community to support more than 40 pro bono and legal aid organizations and related initiatives, helping tens of thousands of vulnerable Chicagoans each year. In addition, awards of residual funds have provided the “venture capital” for a number of groundbreaking special projects and initiatives that have made lasting improvements to our justice system, and the CBF’s continued receipt of these awards makes it possible for the CBF to maintain our support for these projects for the long term.
Among the federal court projects that cy pres awards have made possible and continue to support through the CBF are the District Court Pro Se Program and the Bankruptcy Court Help Desk. These awards also help make it possible for the CBF to provide steady support for the major pro bono and legal aid organizations that serve clients in federal court; support an innovative project through which pro bono attorneys represent pro se litigants in settlement conferences in federal cases; and spearhead the development of helpful educational resources for the public that are available in print and online at www.IllinoisLegalAid.org.
For questions or additional information, please contact CBF Executive Director Bob Glaves at
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or 312-554-1205.


