Summary
In Dennis v. Kellogg Co., ___ F.3d ___, 2012 WL 3800230, at *5 (9th Cir. 2012), the Ninth Circuit held that "[t]o avoid the many nascent dangers to the fairness of the distribution process, we require that there be a driving nexus between the plaintiff class and the cy pres beneficiaries."
Summary of this case from Malta v. Fed. Home Loan Mortg. Corp.Opinion
Nos. 11–55674 11–55706.
2012-07-13
Harry DENNIS; Jon Koz, on behalf of themselves and all others similarly situated, Plaintiffs–Appellees, Stephanie Berg, Objector–Appellant, v. KELLOGG COMPANY, a Delaware corporation, Defendant–Appellee. Harry Dennis; Jon Koz, on behalf of themselves and all others similarly situated, Plaintiffs–Appellees, Omar Rivero, Objector–Appellant, v. Kellogg Company, a Delaware corporation, Defendant–Appellee.
Editor's Note: The opinion of the United States Court of Appeals, Ninth Circuit, in Dennis v. Kellogg Co., published in the advance sheet at this citation, 687 F.3d 1149, was withdrawn from the bound volume because a superseding opinion was filed. For superseding opinion, see 2012 WL 3800230.