No. CV 2003-4661
Welcome to the Information Website for the Arkansas Marlboro Lights Settlement
The Court is considering a Cy Pres distribution of undistributed Settlement Funds in this case. A “Cy Pres” distribution is a distribution to a third party of undistributed Settlement Funds when it is not economically feasible to distribute the remaining funds to the Settlement Class. The “Cy Pres” recipient should be an entity whose activities are consistent with the nature of this case and the judicial function and public interest of this litigation.
After the payment of all claims approved by the Court and the payment of administrative costs and fees, the Court anticipates there will be additional undistributed Settlement Funds in an amount of approximately $2,200,000. The Court has determined that, based on the administrative costs of adjudicating the remaining claims, it is not economically feasible to make another distribution to Class Members, and it is the Court’s intention to award the undistributed Settlement proceeds to a recipient that provides a benefit to members of the Plaintiff Class. The Order and Memorandum Opinion of the Court issued on August 25, 2017 are published for your review here on the Documents page.
You may suggest to the Court a Cy Pres recipient that you think deserves consideration by the Court. In making your suggestion, you should consider a recipient whose activities would be beneficial to the overall interest of the Class and whose activities are consistent with the nature of this case and the judicial function and public interest of this litigation.
Any suggestions by claimants of possible Cy Pres distributees shall be tendered by the claimants to Class Counsel at Thrash Law Firm, P.A., 1101 Garland Street, Little Rock, Arkansas 72201. The suggestions will be required to be in writing and must be received by Class Counsel by midnight on Wednesday, November 15, 2017. THE SUGGESTIONS SHALL NOT BE MAILED TO THE PULASKI COUNTY CIRCUIT CLERK NOR TO THE COURT. ANY SUGGESTIONS MAILED DIRECTLY TO THE PULASKI COUNTY CLERK OR TO THE COURT SHALL NOT BE RECOGNIZED OR ADDRESSED.
In the absence of suggestions by any of the Class Members of a more direct-benefit Cy Pres recipient, the Court intends to distribute any and all remaining net class common fund monies to one or more scholarships at the William H. Bowen School of Law and the University of Arkansas School of Law that provide need-based scholarships to individuals expressing an interest specifically in litigation practice in Pulaski County or the state of Arkansas. If there are scholarships that meet such criteria that also further specify that the recipients must express an interest in public interest or complex public interest litigation, then such scholarships shall be given preference by the Court in making the Cy Pres distribution.
If you wish to appear and present your objection to the determination by the Court that the administrative expenses make distribution of the net remainder unfeasible, you must submit your Notice of Intent to appear and present your objection to Class Counsel on or before November 1, 2017. THE NOTICE OF INTENT TO APPEAR AND PRESENT YOUR OBJECTION TO THE FEASIBILITY DETERMINATION SHALL NOT BE MAILED TO THE PULASKI COUNTY CIRCUIT CLERK NOR TO THE COURT. ANY NOTICE OF INTENT TO APPEAR AND PRESENT YOUR OBJECTION TO THE FEASIBILITY DETERMINATION MAILED DIRECTLY TO THE PULASKI COUNTY CLERK OR TO THE COURT SHALL NOT BE RECOGNIZED OR ADDRESSED.
The Settlement is now effective and the respective deadlines to opt-out, object and file a claim for benefits have all passed. The settlement administrator is currently issuing payments approved by the Court. The Court has issued orders related to the settlement that are posted here on the Documents page.