Judiciary
Ex-bankruptcy choose claims immunity in swimsuit alleging he retaliated in opposition to litigant who revealed romance
Decide David R. Jones, a Texas chapter choose, in August 2020. Jones’ has mentioned he’s immune from a lawsuit contending that he retaliated in opposition to a litigant who revealed the choose’s relationship with a lawyer whose regulation agency had instances earlier than the courtroom. Picture by Brett Coomer/The Houston Chronicle by way of Getty Images.
Former U.S. Chapter Decide David R. Jones of Houston has mentioned he’s immune from an Oct. 4 lawsuit contending that he retaliated in opposition to a litigant who revealed the choose’s relationship with a lawyer whose regulation agency had instances earlier than the courtroom.
Jones argued in a Dec. 29 motion to dismiss that the plaintiff, Michael D. Van Deelen, can’t sue over his affirmation of a reorganization plan as a result of it was a core judicial operate for which judges have immunity, report Law360 and Reuters.
The reorganization is on enchantment, which is the right solution to problem a judgment, Jones mentioned within the dismissal movement.
Van Deelen set in movement a series of occasions that led to Jones’ October resignation. On the time, a pending ethics criticism accused Jones of getting a romantic relationship with Elizabeth Freeman, a associate at Houston chapter agency Jackson Walker, on the similar time that the agency financially benefited from instances earlier than Jones.
Van Deelen had earlier revealed the connection allegations—acquired in an nameless letter—when he sought Jones’ recusal in his June 2020 fraud and conspiracy case in opposition to staff of offshore drilling firm McDermott Worldwide.
Van Deelen was a former shareholder within the firm, and he objected when the swimsuit that he filed in state courtroom was eliminated to Jones’ courtroom on the request of the Jackson Walker agency. A unique choose denied Van Deelen’s recusal movement.
Jackson Walker represented McDermott Worldwide in its chapter.
Jones had already permitted a reorganization plan for McDermott Worldwide in March 2020—earlier than Van Deelen’s case was eliminated to his courtroom. After Van Deelen revealed the romance allegations within the recusal movement, Freeman resigned from Jackson Walker and shaped her personal agency.
The reorganization permitted by Jones had worn out widespread fairness shares held by Van Deelen and different shareholders, Reuters explains. Van Deelen requested Jones to ship his fraud case again to state courtroom.
Jones refused and mentioned in an order the reorganization was remaining and binding, in line with Van Deelen’s Oct. 4 suit in opposition to Jones. Jones’ order additionally acknowledged that any additional state courtroom litigation concerning McDermott Worldwide or the moment proceedings ought to be eliminated instantly to his courtroom. The order was upheld by a federal district choose.
Van Deelen sued Jones on Oct. 4, arguing that Jones’ order was “retaliation for ‘outing’ defendant Jones and his paramour Freeman.”
See additionally:
“Partner denied any current relationship with bankruptcy judge, Jackson Walker firm says”
