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NACHSHIN v. AOL, LLC

No. 10-55129.

663 F.3d 1034 (2011)

Robert NACHSHIN; Dawn Fairchild; Brian Geers; Laurence Gerard, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. AOL, LLC, a Delaware Limited Liability Company, Defendant-Appellee. Darren McKinney, Objector-Appellant, and Janel Buycks, Objector.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2011.

Attorney(s) appearing for the Case

Richard L. Kellner , Kabeteck Brown & Kellner LLP, Los Angeles, CA, for the plaintiffs-appellees.

Mark D. Litvack , Pillsbury Winthrop Shaw Pittman, LLP, Los Angeles, CA, for the defendants-appellees.

Theodore H. Frank , Center for Class Action Fairness, Washington, D.C., for the objector-appellant.

Before: BETTY B. FLETCHER and N. RANDY SMITH, Circuit Judges, and JAMES S. GWIN, District Judge.

OPINION

N.R. SMITH, Circuit Judge:

The cy pres doctrine allows a court to distribute unclaimed or non-distributable portions of a class action settlement fund to the "next best" class of beneficiaries. See Six (6) Mexican Workers v. Ariz. Citrus Growers, 904 F.2d 1301, 1307-08 (9th Cir.1990). Cy pres distributions must account for the nature of the plaintiffs' lawsuit, the objectives of the underlying...

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