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Speaking of Justice
Summer 2010

 

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John Yanchunis receives 2010 President's Award for Excellence John Yanchunis accepting the President's Award from 2009-10 Foundation president Adele I. Stone

Photo: Yanchunis with 2009-10 Foundation president Adele I. Stone

Tampa attorney John A. Yanchunis of James, Hoyer, Newcomer, Smiljanich & Yanchunis received the 2010 President’s Award for Excellence from 2009-10 Foundation President Adele I. Stone at the Foundation’s 34th Annual Reception & Dinner June 24 in Boca Raton.

Yanchunis was recognized for his work directing cy pres awards to the Foundation and encouraging others to do the same.

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. Thanks to Yanchunis, a 2008 settlement that could have meant a few pennies to nearly 8 million people instead provided $295,000 to support the Foundation’s mission of providing greater access to justice for Floridians.

“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 at the time of the settlement.