Cy Pres - How It Works
Please let the Philadelphia Bar Foundation know how we can provide assistance with a cy pres award.
The term cy pres is derived from the Norman French phrase cy pres comme possible, meaning “as near as possible.”
In a class action or mass tort settlement where it is not possible to directly distribute all of the money to the class, a cy pres distribution to a nonprofit charitable organization whose work advances the public interest and indirectly benefits the class members is broadly accepted as the next best use of the funds. The cy pres remedy can also be used for the entirety of a statutory damage award when the amount of damages to each class member is too small to warrant distribution.
For example, a judge’s typical cy pres order may state:
“The Philadelphia Bar Foundation, a nonprofit corporation founded in 1964, is the charitable partner of the Philadelphia Bar Association. The Foundation has the mission of promoting access to justice for all people in the regional community, particularly those struggling with poverty, abuse and discrimination. The Foundation is the embodiment of the legal community’s commitment to this fundamental principle. It accomplishes this mission by providing grants and technical assistance in support of quality legal services, addressing unmet legal needs and providing education on matters in the public interest. In short, the Foundation works to: advance and improve the administration of justice; improve relations with members of the Bar, Judiciary, and the public; provide charitable assistance to individuals and families in need; and support law-related causes of a charitable nature on a wide range of issues affecting access to justice. Given the Foundation’s mission and priorities, as well as its ability to gauge and respond to local needs by funding beneficial projects, it can put unclaimed funds to appropriate and effective use. Such use furthers the underlying litigation goals of this case.”