Trials & Litigation
Federal judge will no longer tolerate lawyers’ barbed briefs and ‘expletive-laden phone calls’
A federal judge in Seattle is fed up with “hyperbole and bluster” in a lawsuit alleging that State Farm failed to pay full policy benefits to homeowners after a house fire. (Photo from Shutterstock)
A federal judge in Seattle is fed up with “hyperbole and bluster” in a lawsuit alleging that State Farm failed to pay full policy benefits to homeowners after a house fire.
Lawyers “traded barbs in their briefs and during oral argument” about lack of professionalism and motives, offering competing accounts about who is to blame for a breakdown in communications, said U.S. District Judge Jamal N. Whitehead of the Western District of Washington in a Dec. 4. order. Whitehead was appointed by President Joe Biden.
Law360 has the story.
No matter which story is to be believed, the lawyers’ actions fell short of the required collegiality standard, Whitehead said.
“Expletive-laden phone calls, hang-ups, backing out of prior agreements without explanation, and misleading emails purporting to ‘memorialize’ phone calls demean the integrity of the legal process and show disrespect to all concerned, including the court in having to resolve petty disputes,” Whitehead said in his order.
“Let it be clear: The court will not tolerate such conduct moving forward.”
Whitehead scolded the lawyers before ruling on the plaintiffs’ requests for financial information from State Farm. The plaintiffs hope to learn whether the insurer incentivized claim handlers to place their personal financial gain over the interests of policyholders.
“Setting aside the parties’ hyperbole and bluster,” the communications submitted into evidence show that the parties are at an impasse, Whitehead said. The judge allowed discovery on the incentives program but narrowed the documents that should be produced.
Law360 listed the lawyers for the plaintiffs as Heather N. Derenski of Cedar View Law and Karl E. Malling. The lawyer for State Farm is James D. Hicks of Sinars Slowikowski Tomaska.
None of the lawyers immediately responded to ABA Journal emails seeking comment. Nor did they respond to messages left in voicemails or with law firm personnel.
