HOUSTON – Pierce Bainbridge’s money troubles with a lawsuit lender is not enough of a reason the other plaintiffs law firms in a RICO suit to fork over their financial records.
The case in question, Damonie Earl et al v. Boeing, was filed under the Racketeer Influenced and Corrupt Organizations Act and centers on ticket buyers claiming Southwest Airlines colluded with Boeing to mislead the public about the aerospace giant’s defective 737 Max Jets.
Recent court filings in the case show the parties are in a heated discovery battle, with both sides seeking information while opposing requests for production.
On Oct. 30, the plaintiffs filed their opposition to the defendants’ motion for production, arguing that the defendants have “received virtually everything they have asked for” and are now “grasping at straws searching for something else to demand for financial information from their adversaries – with no basis whatsoever.”
Court records show the defendants asked for any litigation funding agreements the law firms representing the plaintiffs might have. The law firms are Bathaee Dunne, Dovel & Luner and Capshaw DeRieux.
However, none of the aforementioned firms have any such agreement, according to the plaintiffs’ opposition.
The defendants also sought all communications between Bathaee Dunne and Pierce Bainbridge’s lawsuit lender, Virage Capital.
As previously reported, Creative Capital Funding, a lawsuit lender, filed a breach of contract suit against Pierce Bainbridge Beck Price & Hecht in April. Virage, another lawsuit lender, intervened in the case.
Soon after, the firm fractured. David Hecht left and formed Hecht Partners, which recently withdrew from the case, leaving Pierce Bainbridge as the firm representing the plaintiffs.
“Bathaee Dunne and Dovel & Luner have … told Defendants that they do not have any litigation funding arrangements,” the plaintiffs argue.
“Tellingly, Defendants’ rationale for seeking these documents focuses largely on the conduct of two other firms: Pierce Bainbridge—which has had no role in this case for months and appears to no longer be operational—and Hecht Partners—which has now withdrawn from the case.”
The plaintiffs’ firms argue it is Pierce Bainbridge’s interest against which Virage Capital has filed a lien, not theirs.
As of Nov. 17, no ruling on the matter is on file.
Filed in the Eastern District of Texas, case No. 4:19-cv-00507