July 31, 2023

FOR IMMEDIATE RELEASE

Contact: Baillie Milliken bmilliken@txbf.org

TEXAS BAR FOUNDATION TO RECEIVE $4.2 MILLON CY PRES AWARD

A $4,255,915.56 cy pres award to the Texas Bar Foundation was approved by Chief District Judge David C. Godbey of the U.S. District Court for the Northern District of Texas from the $11 million settlement in Heath, et al vs. Insurance Technologies Corp.

The unclaimed funds from the settlement were awarded to the Texas Bar Foundation in line with the legal doctrine of cy pres, which allows a court to amend a legal agreement to enforce it “as near as possible” to the document’s original intent, meaning funds that remain in the settlement fund after distribution are subsequently given to a mutually agreed upon non-profit 501c(3) organization.

John Yanchunis, attorney at Morgan & Morgan, who served as Co-Lead Counsel in the case, coordinated the award. Morgan & Morgan’s John Yanchunis issued the following statement:

“I’m very happy that the Court approved this significant and suitable use of unclaimed funds from the settlement I helped obtain in the ITC litigation. Class-action litigation is a vehicle to help everyday people obtain justice when they’ve been wronged, especially in situations where they would have no hope of taking on a large corporate adversary alone. In the same spirit, the Texas Bar Foundation will use this award to provide critical legal help to people in need, while also driving innovative projects that will build a fairer and better justice system. As a former member of the Board of Directors of the Florida Bar Foundation, I have experience with the great work that bar foundations do to provide legal services to those who cannot afford them.”

The other co-lead counsel in the class action litigation was Joe Kendall of the Dallas firm Kendall Law Group. The class was additionally represented by Gary M. Klinger, Gary E. Mason and David K. Lietz of Mason Lietz & Klinger LLP in Washington D.C., and M. Anderson Berry of Clayeo C. Arnold in Sacramento, California. Insurance Technologies was represented by Dallas attorney Peter L. Loh of Foley Gardere and San Francisco, California attorney Eileen R. Ridley of Foley & Lardner.

This cy pres award will help the Texas Bar Foundation provide legal aid and improve access to the court system for low-income individuals in the state of Texas.

Texas Bar Foundation Chair Geffrey W. Anderson issued the following statement:

“The Texas Bar Foundation is delighted to have been selected as the recipient of this cy pres award. This award will allow the Texas Bar Foundation to fund projects that will enhance the rule of law and system of justice in Texas, benefiting our entire community well into the future. The Texas Bar Foundation thanks all those involved for their good work.”

Founded in 1965 by attorneys determined to assist the public and improve the profession of law, the Texas Bar Foundation has maintained its mission of using the financial contributions of its Fellows to build a strong justice system for all Texans. To date, the Texas Bar Foundation has distributed more than $25 million throughout Texas to assist nonprofit organizations with a wide range of justice-related programs and services. More than $1.6 million will be distributed for grants this fiscal year.

For those involved in a class action case, consider designating the Texas Bar Foundation as a cy pres recipient when complete dispersal of the award or settlement is not practicable. For more information on the Texas Bar Foundation, visit www.txbf.org.