Trials & Litigation

Sanctions motion says BakerHostetler partner was ‘shaking his behind’ in front of opposing lawyer

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A sanctions motion seeks the disqualification of a BakerHostetler partner defending Chevron in a discrimination suit because of alleged “abusive language and gestures” during a mediation in August 2019.

An amended sanctions motion accuses BakerHostetler partner Dennis Duffy of “shaking his behind” in front of the opposing lawyer and denigrating the lawyer’s ponytail. Law360 has coverage.

According to the Feb. 13 motion, Duffy said, “Do you want to f- - - me? You have a ponytail haircut, I figured you wanted to f- - - me.”

The motion was filed by Alfonso Kennard Jr., who is representing Alclair White in the lawsuit.

Kennard’s motion said all his communications with Duffy were polite, and he did nothing to trigger Duffy’s conduct.

The motion says the court should oust Duffy from the case, should bar Duffy from communicating with Kennard or White, and should require Duffy to pay $7,000 to cover the cost of the sanctions motion and attempts to coordinate a deposition.

“Litigation is tough enough when the attorneys are working together,” the motion says. “It is tougher when the attorneys are not working together. Litigation becomes almost impossible when one of the attorneys decides to make disrespectful and abusive comments towards the other attorney.”

Duffy had no comment. BakerHostetler released this statement to the ABA Journal: “We are unable to comment on a confidential mediation, but as set forth more fully in our pending motion to strike, we strenuously deny the assertions made in Mr. Kennard’s filing.”

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