132620P.pdf   01/08/2015  David Oetting  v.  Green Jacobson
   U.S. Court of Appeals Case No:  13-2620
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Wollman and Murphy, Circuit Judges] 
   Civil case - Class Actions. The district court erred in ordering a cy pres 
   distribution of the more than $2.4 million remaining in the NationsBank 
   Classes settlement fund to the Legal Services of Eastern Missouri because 
   a further distribution to members of the classes was economically viable 
   and the members of the classes had not been compensated in full; the 
   district court further erred by failing to make its cy pres proposal 
   publicly available and to allow class members to object or suggest 
   alternatives before making the distribution; additionally, while Legal 
   Services is a worthy charity, it was not the "next best" recipient of the 
   unclaimed settlement funds in this nationwide class action seeking damages 
   for violations of federal and state securities law as there are potential 
   recipients devoted to preventing and aiding the victims of securities 
   fraud, and these alternatives should be explored before an unrelated 
   charity is selected; award of attorneys' fees vacated in light of this 
   remand order. Judge Murphy, dissenting.