Foundation benefits from cy pres award

first_img September 1, 2008 Nancy Kinnally Regular News Foundation benefits from cy pres award Foundation benefits from cy pres award Special to the NewsA settlement that could have meant a few pennies to nearly eight million people instead will mean a shot at justice for hundreds of Floridians who otherwise might have languished in substandard housing, abusive relationships, or unsafe working conditions. Those are just a few of the situations legal aid attorneys confront on behalf of their clients every day in Florida, and a $295,000 cy pres award secured for The Florida Bar Foundation August 12 by Tampa attorney John Yanchunis will go a long way toward supporting the work of those who represent the state’s most vulnerable citizens.As class counsel in a suit involving tiny overcharges applied to a large class of consumers, Yanchunis recommended The Florida Bar Foundation as the recipient of the settlement, given the impracticality of locating all the members of the class and refunding them what would have amounted to less than 4 cents each.“Since the injury arose from a consumer class action, and The Florida Bar Foundation has as its charge the funding of legal services for people who can’t afford it, I thought it would be the closest connection to the way in which the injury to the class arose,” Yanchunis said.Both the defense counsel and the judge presiding in the case agreed, and when all was said and done, Yanchunis, a senior partner with James Hoyer Newcomer and Smiljanich, was the subject of a barrage of appreciative e-mails from Bar Foundation board members all over the state.“Countless families will silently bless him for his endeavors,” wrote board member Roberto Pardo of Miami. “We are all better people for knowing him and his philanthropic heart.”The term cy pres comes from the French, “ cy pres comme possible, ” meaning “as near as possible,” and the doctrine is often applied in class action cases in which full restitution to all injured parties is either impossible or infeasible, such as when the amount of damage per person is insignificant even though the aggregate damages are large. It can also be employed in probate matters when gifts fail, or in the area of charitable trusts.Under cy pres, the courts can approve a charitable donation out of unclaimed class action funds, or a direct grant in lieu of damages to an organization that could vindicate class member rights in the future. In practice, cy pres prevents a windfall to the defendant while serving to deter future violations.The recent cy pres award is not the first for The Florida Bar Foundation. Florida Bar Past President Tod Aronovitz of Miami directed two cy pres awards to the foundation. Those cases involved the overbilling of consumers and wrongful business practices.Aronovitz believes there is an obvious connection between the members of consumer class actions and the people served by the foundation.“In approving a final settlement, courts examine whether the cy pres award is fair and reasonable and if the recipient is appropriate for the award,” Aronovitz said. “In many consumer class action cases, the class of consumers is typical of the underprivileged Floridians who receive Florida Bar Foundation[-funded] legal assistance.“It’s a natural marriage. There are so many attorneys in Florida who know and understand the great work of The Florida Bar Foundation. And it’s hard to find an attorney in Florida who doesn’t think that The Florida Bar Foundation is the premiere organization that funds programs and protects the rights of underprivileged Floridians who need legal services.”Miami attorney Alan Greer frequently represents the defense in class action suits. While he believes cy pres is a good concept, he cautions that attorneys have to walk a fine line to ensure that it is not attacked as a vehicle to fund something other than the members of the injured class.“Having said that, when you have money that you don’t know what to do with, having it go to something like The Florida Bar Foundation where it can do real good is a wonderful idea, as opposed to having it go back by default into a government treasury or just sit there unclaimed.”Greer said defendants, who are after all the ones whose money is going out, will want to have a say in where it goes.Tampa attorney Kathleen McLeroy, president of The Florida Bar Foundation, said the foundation has some flexibility in the way it uses cy pres awards.“The foundation is willing to explore opportunities to tailor cy pres awards to the groups, populations, or geographic areas most closely associated with a class action,” McLeroy said. “Our grantees address the needs of a wide array of Florida citizens and consumers. In addition to traditional legal aid, the foundation funds projects designed to strengthen the administration of justice for children as well as adults, which can include ensuring consumer protections.” Nancy Kinnally is the director of communications for The Florida Bar Foundation and may be reached by calling (407) 843-0045, ext. 103 or via e-mail at [email protected]last_img read more

Little respite from the worse recession on record

first_imgStay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to industry news as it happensBreaking, daily and weekly e-newsletters Get your free guest access  SIGN UP TODAY Subscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our community Subscribe now for unlimited access To continue enjoying, sign up for free guest accessExisting subscriber? LOGINlast_img read more

Hypertension claimed 235 lives in 5 year period

first_img Tweet 211 Views   no discussions Two hundred and thirty-five (235) citizens died from hypertension during the period 2011- 2015, lecturer at the Dominica State College, Martha Laurent has revealed.Laurent was addressing a Hypertensive Health Education Conference organized by the Faculty of Health Sciences on Thursday 2 August 2018.Hypertension, according to Medical News Today, is another name for high blood pressure. It can lead to severe complications and increases the risk of heart disease, stroke, and death.The conference, which is being held at the Public Service Union building in Roseau, aims at enhancing the quality of care provided to hypertensive clients.During her overview at the conference, Laurent stated that between 2011 and 2015, ninety-eight (98) males and one hundred and thirty-seven (137) females, a total of 235 citizens, died from hypertension in Dominica.She stated that “these statistics have led to various responses by the Ministry of Health along with several organizations arising at preventing, reducing and managing the incidents of HTN cases in Dominica and the Caribbean and the World at large.”Laurent noted that despite the continuous fight against hypertension in the Caribbean, the non-communicable disease is on an “alarming rise”.“Despite active involvement in combating HTN in the Caribbean countries including Dominica, it has been increasing at an alarming rate according to research gained in 2018”.Laurent added that the College’s Faculty of Health Science (FHS) is committed to health care in Dominica, hence the decision to host its first multi-disciplinary educational conference for health care providers across Dominica on managing hypertension with the latest empirical driven strategies.“Its aim is that by the end of the conference, participants should be able to elaborate on the pharmaceutical and non-pharmaceutical management of hypertension, formulate measures for assisting clients in managing hypertension, and interpret the effects of hypertension on clients and the wider society,” she noted.Laurent added that the faculty has recognized that because of Hurricane Maria, there has been an increase in hypertensive cases and continued education for health care professionals is critical in reducing these cases.“Because of its essential elements and practice and service, we want to impact the health care professionals across Dominica and moreover the public health and well-being,” Laurent added.The conference, which will continue until 3PM, includes presentations from various health professionals to include Dr Orrin Jolly, Dr. Adis King, and Deputy Director of Social Security, Augustus Ettiene and Nurse Rosie Felix.– / 17 Share Sharecenter_img HealthLocalNews Hypertension claimed 235 lives in 5 year period by: – August 2, 2018 Sharing is caring! Sharelast_img read more