Legal Insights: Howard Hanna’s Recusal Motion in Commission Lawsuits
Background of the Case
In recent legal developments, Howard Hanna has emerged as the first defendant to request Judge Bough’s recusal in ongoing commission lawsuits. This motion was subsequently supported by its parent company, HomeServices of America, and the brokerage defendant, Crye-Leike.
Reason for Recusal Request
The basis for this petition stems from a political contribution made by the plaintiffs’ attorney, Matthew Dameron, to the campaign of Judge Bough’s wife in 2019. Hanna and the supporting companies contended that this involvement raised “the appearance of impropriety.” However, Judge Bough dismissed this claim in his ruling.
Judge Bough’s Stance
Judge Bough has previously recused himself from other cases, including a matter involving a gun manufacturer. He also offered to step aside from the Sitzer/Burnett commission lawsuit for the same concerns regarding political donations. Notably, he did not extend this offer concerning the Gibson commission lawsuit, which was filed after the jury’s verdict in the Sitzer/Burnett case.
In his ruling, Judge Bough referred to established legal precedent set by the U.S. Supreme Court, indicating that not all campaign contributions necessitate a judge’s withdrawal from a case.
Disclosure and Hearings
Prior to the motion filed by Howard Hanna, Judge Bough had disclosed the political donations related to this case. During a final approval hearing for other settlements in the Sitzer/Burnett case, the judge acknowledged several attorneys present who had contributed to his wife’s campaign. He subsequently prompted anyone who might have concerns about potential conflicts to voice them, but there was no response from attendees.
It was also noted that attorneys from Hanna Holdings were present at that hearing and did not express concerns at the time.
Further Legal Movements
In addition to the recusal motion, both Howard Hanna and Berkshire Hathaway Energy have also sought to move the Gibson commission lawsuit out of Missouri, proposing to relocate it to Pennsylvania and Iowa, respectively.