CY PRES AWARDS

Please Consider TEAR for Cy Pres Awards

Cy-près Doctrine

The cy-près doctrine is a legal doctrine that first arose in courts of equity. The legal French term literally means “so near/close” and can be translated as “as near as possible” or “as near as may be“. The doctrine originated in the law of charitable trusts but has been applied in the context of class action settlements in the United States. (The Free Dictionary, n.d.)

Cy Pres Consideration

In some class action court cases, when funds recovered cannot feasibly be distributed to class members, Cy Pres awards can be made to organizations that are “as near as possible”. Truckers Emergency Assistance Responders – TEAR is an eligible 501 (c)(3) for Cy Pres consideration to help us continuing to serve the truck driver community.

As an appropriate recipient of Cy Pres funds, distribution to the TEAR meets the “benefit the class or similarly situated persons” requirement. In non-class action suits, or prior to class certification, settling defendants may also direct all or part of the settlement payments to a non-profit organization.

Why TEAR is a Strong Cy Pres Recipient

• 501(c)(3) public charity
• Direct assistance to stranded commercial drivers
• National reach
• Emergency support focus
• Serves a clearly identifiable beneficiary class
• Operational since 2019

How TEAR serves truck drivers

Since 2019, TEAR has assisted in helping truck drivers who are in need of short-term immediate assistance including during the Covid-19 Pandemic and for numerous drivers who experienced carrier abandonment where without notice the driver was left no way to get home with their pets and belongings. These situations are particularly challenging when the driver has a pet (s) riding with them, and they were not paid their final paycheck. TEAR also provides additional resources, such a lawyer referrals and education on carriers who have a pattern of practice of wage theft and carrier abandonment.

What you can do

Nominate Truckers Emergency Assistance Responders – TEAR to be included in your firm’s Cy Pres distribution list. By doing so, you’ll help ensure that truck drivers who need immediate short -term assistance have a viable resource to help them.