Class action settlement funds often have money remaining after class members have filed all their claims. Sometimes, these unclaimed funds can run into the millions of dollars. If the settlement agreement does not address how unused funds are to be distributed, the courts can rely on their general equity powers or on the Cy Pres doctrine, which permits a court to disburse funds in a way that most closely approximates the intended benefits of the class settlement. The courts' discretion under the Cy Pres doctrine has expanded significantly in recent years, providing courts with greater flexibility in distributing leftover funds to third parties.

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