Client Articles - Written by on Wednesday, March 10, 2010 13:16

The Mogin Law Firm Distributes $500,000 in Cy Pres Funds to CHP 11-99 Foundation

SAN DIEGO — March 10, 2010 — The Mogin Law Firm has distributed $500,000 to the CHP 11-99 Foundation as part of $40 million in cy pres awards from settlement funds in the Smokeless Tobacco Case I-IV, according to Daniel J. Mogin of The Mogin Law Firm, PC.

Attending the February 26 ceremony (see attached photo) at The Mogin Law Firm offices in San Diego, included California Highway Patrol Commissioner Joe Farrow, CHP 11-99 Chairman John Schroeder, CHP 11-99 Director and Scholarship Chairman Chuck Swimmer, CHP Inland Division Chief Jeff Talbott, CHP 11-99 Vice-Chairman Scott Siegel, CHP 11-99 Executive Director Rebecca Centner, and Daniel J. Mogin.

Visionary civic leader Bob Weinberg founded California Highway Patrol 11-99 Foundation in 1981. For more than 28 years, the 11-99 Foundation has dedicated its efforts to assisting CHP family members in times of crisis and providing post-secondary level educational scholarships to eligible CHP family members. Through the generosity of its donors, the members of the 11-99 Foundation has provided over $17 million to assist CHP families over the years.

Since the 11-99 Foundation was formed in 1981, 55 CHP Officers have given their lives in the line of duty. Since September 2005 alone, 11 CHP Officers have died in the line of duty. Ten of these most recent fallen hero CHP Officers left behind spouses, and among them, 21 young children are now navigating the challenges of life without a father. The 11-99 Foundation provided each of these families with immediate assistance ranging from $25,000 to $50,000. The 11-99 Foundation also is committed to providing significant financial assistance to enable the children of each of these Fallen Heroes to attain a higher education. For more information on the CHP 11-99 Foundation, visit The organization is headquartered in Fullerton, CA.

‘This $500,000 gift that The Mogin Firm spearheaded will help the CHP 11-99 Foundation continue its mission to support California Highway Patrol personnel in their times of greatest need,” said John Schroeder, CHP 11-99 Chairman. “In addition, The Mogin Firm should feel proud that this contribution will directly assist a number of students in starting, continuing or completing their higher education. Many of these students would not be able to continue their education without the assistance of such gifts. Dan Mogin and the Smokeless Tobacco team of lawyers will forever be remembered by the CHP 11-99 Foundation Board of Directors for the direct benefits conferred on the families of California Highway Patrol employees.” Mogin and Rick Saveri of Saveri and Saveri in San Francisco served as co-liaison counsel; other members of Plaintiffs Executive Committee included the Zelle Hoffman and Kellog Huber law firms.

According to Dan Mogin, additional organizations receiving cy pres awards include the Legal Aid Society of San Diego, California Indian Legal Services, University of San Diego Legal Clinics, Feeding America San Diego, San Diego Volunteer Lawyer Program, United Way of San Diego, San Diego Audubon Society, California Western School of Law and Thomas Jefferson School of Law. Total distributions were made to 45 California legal societies, organizations and charities, such as the Injured Marine Semper Fi Fund, Food Banks throughout California, Surfrider Foundation, California Ducks Unlimited, Sierra Club, Keep America Beautiful and the National Wildlife Federation.

In the Smokeless Tobacco Cases I-IV, a certified class of California smokeless tobacco purchasers alleged that U.S. Smokeless Tobacco and related entities (“U.S. Smokeless Tobacco”) engaged in sales practices that made it possible for U.S. Smokeless Tobacco to monopolize the market for moist smokeless tobacco products in violation of the antitrust and consumer protection laws of the State of California. The plaintiffs alleged that, as a result, they paid more for U.S. Smokeless Tobacco moist snuff tobacco products than they would have absent the alleged conduct. U.S. Smokeless Tobacco’s moist smokeless tobacco products include Copenhagen®, Skoal®, Rooster®, Red Seal®, Bandits®, Pouches® and Husky® (and including the different cuts and/or flavors thereof). At the conclusion of class action cases, it is common to have funds that for a number of reasons cannot be distributed directly to the class members technically entitled to the funds. The doctrine of “cy pres” literally allows the court to do the “next best thing” and distribute the remaining funds to one or more charitable organizations. For more information on the Smokeless Tobacco Cases visit

Based in San Diego, The Mogin Law Firm, P.C. specializes in plaintiffs’ antitrust, consumer protection, investment and complex business and class action litigation. For more information, call 619-687-6611 or visit


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