Adams v. CSX Railroads

In this class action lawsuit, the trial court, Judge ad hoe Robert Burns presiding, received a recommendation from the Special Master regarding the cy pres distribution of funds remaining after the original defendants settled and the class members and attorneys were paid.1 Among the recommendations of the Special Master was that 10% of the residual funds be awarded to the Louisiana Bar Foundation (“LBF”).

Judge Burns declined to adopt this portion of the Special Master’s recommendation.2 Citing his position as a fellow of the LBF, Judge Burns expressed concern that it would be a violation of…