5th Circuit Panel Reverses Cy Pres Fund Distribution In Arsenic Injury Class Action
NEW ORLEANS – A unanimous Fifth Circuit U.S. Court of Appeals panel issued an opinion on Sept. 26 reversing a decision by a federal judge in Texas to distribute residual funds from an arsenic exposure class action to charities after concluding that the distribution was an abuse of discretion; on remand, the $ 830,000 is to be distributed to class members with manifest personal injuries (Ralph Klier v. Elf Atochem North America Inc., No. 10-20305 [consolidated], 5th Cir.).
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