United States Third Circuit

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In re Baby Products Antitrust Litigation, 12-1165

District Court's approval of a class action settlement, involving allegations of baby product price-fixing, is vacated and remanded, where: 1) a district court does not abuse its discretion by approving a class action settlement agreement that includes a cy pres component directing the distribution of excess settlement funds to a third party to be used for a purpose related to the class injury; but 2) the district court was apparently unaware of the amount of the fund that would be distributed to cy pres charity beneficiaries rather than being distributed directly to the class; 3) the approval of the attorneys' fees award was based on the terms of a settlement that are no longer in effect and may be altered on remand; and 4) the notice provided to class members was adequate.

Appellate Information

  • Decided 02/19/2013
  • Published 02/19/2013




  • United States Third Circuit


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