In a recent development, Howard Hanna Real Estate Services has requested the recusal of U.S. District Judge Stephen Bough from a significant antitrust lawsuit, citing potential ethical concerns.
The lawsuit accuses brokerages of conspiring to inflate commission fees in residential real estate sales.
The request for recusal stems from disclosures revealing that plaintiffs’ attorneys had previously made donations to political campaigns involving Judge Bough’s wife, a Kansas City councilmember and attorney.
Howard Hanna argues that these donations, made by members of the plaintiffs’ legal team in a related class action lawsuit, create an “appearance of impropriety” and violate ethical guidelines regarding judicial impartiality.
Despite this claim, Howard Hanna maintains that it has not breached U.S. antitrust laws and denies any wrongdoing.
Judge Bough had previously acknowledged the donations at a prior hearing, admitting that he was aware of donations made by members of the plaintiffs’ team to his wife.
While he expressed a willingness to step down, he did not receive any formal requests for his recusal at that time.
The antitrust case involves home sellers who filed suit in 2023, accusing major brokerages of working together to artificially inflate commission costs.
This case follows a landmark jury verdict in October 2023, in which the plaintiffs secured a substantial settlement with major brokerages and the industry’s leading trade association.
This new development highlights the ongoing tension between judicial impartiality and political contributions in high-stakes legal battles.
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