Here:
Questions presented:
1. Whether the application of cy pres to this class action settlement is inappropriate because the class members have not been adequately compensated and whether this adequate compensation is best accomplished by awarding all settlement funds to the class.
2. Whether the district court failed to meet its obligation pursuant to FRCP 23(e)(1)(C) by ensuring a fair, reasonable, and adequate distribution to the class members.
3. Whether the class representatives and the class counsel engaged in self-dealing, collusion, and fraud; as well as, breaches of fiduciary duty to the class and whether those breaches should result in disgorgement of fees and incentive awards.
4. Whether it is time to set aside cy pres in class action settlement agreements because such provisions promote hidden objectives, give unfettered authority to non-parties, are unfair as a general matter, and the goals of selected entities [*9] fail to correspond to the interests of the class.
Turtle Talk 