TBA Law Blog


Posted by: Paul Burch on May 2, 2023

KnoxNews is investigating Tennessee attorney Gordon Ball’s use of the cy pres doctrine, which allows unclaimed class action lawsuit money to be reclaimed and used for other purposes with a judge’s approval. Ball has redirected cy pres funds to make over $3 million in donations to universities and charities throughout Tennessee, KnoxNews reports. Ball has also petitioned the University of Louisville Medical School to return a $128,000 donation he made to the school after hearing that a doctor who had aided Ball in a heart transplant was no longer on staff. The cy pres process has come under fire from some attorneys and judges who think there should be a process in place to direct money that isn't given to plaintiffs to organizations that have some connection to the purpose of the lawsuit that secured the money. Tennessee Judge John D. McAfee from the Eighth Judicial District has called the practice “a racket.”