The Washington Free Beacon cited CEI’s Senior Attorney Ted Frank and Senior Attorney Melissa Holyoak on Supreme Court case Frank v. Gaos.
“This case is really about attorneys selling out their clients,” Holyoak told the Washington Free Beacon. “We are arguing that this is unfair, and this is an abuse of the class action system, and an abuse of the cy pres system.”
Specifically, Frank and Holyoak are arguing that the cy pres payout violates rule 23 of the Federal Rules of Civil Procedure, which stipulates that any class settlement must be “fair, reasonable, and adequate” with regard to redressing the claimed harm.
“Rule 23 says that class actions have to be fair, adequate, and reasonable. And we’re saying this is just not fair to have money go to third parties, when it could go to class members, who are the actual clients,” Holyoak said.