On Tuesday, April 8, 2025, HousingWire reported that Missouri Federal Judge Stephen R. Bough has declined to recuse himself from overseeing the Gibson commission lawsuit. Judge Bough stated in a filing that the requests for his recusal were driven by “litigation strategy” rather than any “ethical concerns.”
The initial motion for recusal came from Howard Hanna, the first defendant in the case, and was subsequently joined by HomeServices of America, a subsidiary of Berkshire Hathaway Energy, and brokerage firm Crye-Leike. These companies cited donations made by plaintiffs’ attorney Matthew Dameron to the political campaign of Judge Bough’s wife in 2019 as the basis for their request.
Judge Bough previously recused himself in a case involving a gun manufacturer and had offered to step aside from the Sitzer/Burnett commission lawsuit for similar reasons. However, he did not extend that offer in the Gibson commission case, which was filed following the jury verdict in the Sitzer/Burnett trial.
In his ruling, Judge Bough dismissed claims that Dameron’s donation created an “appearance of impropriety.” He asserted that he had disclosed the political contributions long before Howard Hanna filed its motion. During a final approval hearing for settlements in the Sitzer/Burnett case, he acknowledged several attorneys present who had also donated to his wife’s campaign, inviting any concerns about potential conflicts of interest; no objections were raised at that time.
Judge Bough pointed out that attorneys from Hanna Holdings, the parent company of Howard Hanna, were in attendance at that hearing but did not voice any concerns. He emphasized that the U.S. Supreme Court has established that not all campaign contributions necessitate a judge’s recusal due to bias.
In addition to the recusal motion, both Howard Hanna and Berkshire Hathaway Energy have sought to transfer the Gibson commission lawsuit out of Missouri, requesting a move to Pennsylvania and Iowa, respectively.
Source: HousingWire
