Lowery v. Joffe

(1) Whether, or in what circumstances, a cy pres award that provides no direct relief or benefit to class members comports with the Federal Rule of Civil Procedure 23(e) requirement that a settlement binding class members must be "fair, reasonable, and adequate"; and (2) whether Rule 23(b)(3) permits certification of a class where the district court has found that class members cannot be ascertained or even self-identify without an individualized "difficult and expensive" inquiry.