On Monday, December 15, 2025, Law.com reported that Steve Berman and his law firm, Hagens Berman Sobol Shapiro, are seeking the disqualification of a federal judge in thalidomide cases.
Berman has petitioned the U.S. Court of Appeals for the Third Circuit to remove Judge Paul Diamond from the U.S. District Court for the Eastern District of Pennsylvania, following Judge Diamond’s referral of Berman to the Department of Justice (DOJ) for alleged misconduct.
The petition, filed on Friday, requests that Judge Diamond be disqualified and that his December 2nd order referring Berman to the DOJ be struck. This action stems from a special master’s recommendation to sanction Berman, his firm, and former lawyer Tyler Weaver for what were described as “numerous false, misleading or baseless allegations” related to the drug thalidomide, used to treat morning sickness, and for allegedly obstructing discovery requests.
Berman’s petition argues that the referral to the DOJ, particularly its timing, suggests judicial bias. It claims the referral was a retaliatory measure following Berman’s October 24th motion to recuse Judge Diamond from the thalidomide cases. The petition emphasizes the power imbalance between Berman and the judge, asserting that the public accusation of criminal activity hinders Berman’s ability to defend himself without potentially worsening the situation for his clients.
The petition alleges that what initially appeared as an appearance of impropriety has escalated into evidence of actual bias against the petitioners and seeks the assignment of a different judge to the thalidomide cases.
Berman’s legal representation includes Christopher Conner of Saxton & Stump, Gaetan Alfano of Pietragallo Gordon Alfano Bosick & Raspanti, and Keith Beauchamp of Coppersmith Brockelman. Berman declined to comment on the matter. A courtroom deputy for Judge Diamond, who previously rejected the recusal motion on December 4th, did not respond to requests for comment.
The underlying cases involve 11 lawsuits filed by Hagens Berman between 2011 and 2014, representing 52 plaintiffs who alleged that thalidomide caused severe birth injuries. The suits targeted four drug manufacturers, including GlaxoSmithKline and Grünenthal, which sought sanctions against Hagens Berman, claiming the cases were time-barred. In 2015, Judge Diamond granted the motion, finding that Hagens Berman had acted in “bad faith and intentional misconduct” in three cases.
Special Master William Hangley’s 2023 recommendation supported the sanctions, citing Hagens Berman’s failure to adequately investigate the claims before filing suit and obstruction of discovery. Judge Diamond largely agreed with Hangley’s report in an August 5th order, giving Hagens Berman and Weaver an opportunity to respond.
Berman responded with a 156-page document, stating that his firm invested significant time and resources into the thalidomide cases. However, Judge Diamond, in his referral to the DOJ, highlighted Hangley’s detailed description of Berman’s efforts to prepare “fraudulent lawsuits” over a decade.
Berman’s petition asserts that a “mountain of evidence” objecting to the special master’s recommendation was ignored, and that Judge Diamond has demonstrated deep animus toward the petitioners.
Sources: Law.com
