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United States First Circuit


In re Lupron Marketing and Sales Practices Litigation, 10-2494

In a case in which a class of medical patient consumers alleged fraud in overcharging for the medication Lupron, and a small dissident group within the class settled, got a full recovery, and then sought more from the unclaimed class settlement funds, the district court's distribution of the cy pres fund to charitable organizations is affirmed, where: 1) the appeals were timely; 2) the appellants had standing; but 3) there was no abuse of discretion in the distribution process used or as to selection of the recipients.

Appellate Information

  • Decided 04/24/2012
  • Published 04/24/2012

Judges

  • Lynch

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Donald E. Haviland, Jr., Thomas M. Sobol

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