No. 25-355
James Dondero, et al. v. Stacey G. Jernigan, et al.
Amici (3)Relisted (2)
Tags: appellate-deference bankruptcy-proceedings judicial-discretion judicial-recusal mandamus-review standard-of-review
Latest Conference:
2026-03-06
(distributed 2 times)
Question Presented (from Petition)
1. Should a judge's order declining to recuse be reviewed de novo or for abuse of discretion?
2. When a litigant seeks review of a decision not to recuse through mandamus, should appellate courts require him to apply two layers of deference to that decision and show that it was both an abuse of discretion and that the abuse was "clear and indisputable?"
Question Presented (AI Summary)
Whether appellate courts should review a judge's order declining to recuse de novo or for abuse of discretion and whether mandamus review requires two layers of deference
Docket Entries
2026-02-27
Supplemental brief of petitioners James Dondero, et al. filed. (Distributed)
2026-02-27
Supplemental Brief of James Dondero, et al. submitted.
2026-02-24
Letter Attaching Supplemental Materials of James Dondero, et al. submitted.
2026-02-18
DISTRIBUTED for Conference of 3/6/2026.
2026-02-11
Petition of James Dondero, et al. for rehearing submitted.
2026-02-06
Petition for Rehearing filed.
2026-02-06
Petition of James Dondero, et al. for rehearing submitted.
2026-01-12
Petition DENIED.
2026-01-08
January 8, 2026 Letter to Scott Harris of James Dondero, et al. submitted.
2025-12-15
Reply of petitioners James Dondero, et al. filed. (Distributed)
2025-12-15
Reply of James Dondero, et al. submitted.
2025-12-10
DISTRIBUTED for Conference of 1/9/2026.
2025-11-24
Brief of respondent Highland Capital Management, L.P. in opposition filed.
2025-11-24
Brief of Highland Capital Management, L.P. in opposition submitted.
2025-10-24
Brief amici curiae of Unify.US, et al. filed.
2025-10-24
Brief amicus curiae of Investment Professionals Concerned with Judicial Impartiality filed.
2025-10-24
Brief amicus curiae of New Civil Liberties Alliance filed.
2025-10-24
Amicus brief of Unify.US; America First Policy Institute; Conservative Political Action Coalition; Faith & Freedom Coalition; Due Process Institute; 60 Plus Association; Chrtistian Employers Alliance; Concerned Women for America; Oklahoma Council of Public Affairs; National Legal and Policy Center; TAP Foundation; Tennessee Conservative Coalition; Freedom and Family Action submitted.
2025-10-24
Amicus brief of Investment Professionals Concerned with Judicial Impartiality submitted.
2025-10-24
Amicus brief of New Civil Liberties Alliance submitted.
2025-10-16
Motion to extend the time to file a response is granted and the time is extended to and including November 24, 2025.
2025-10-15
Motion to extend the time to file a response from October 24, 2025 to November 24, 2025, submitted to The Clerk.
2025-10-15
Motion of Highland Capital Management, L.P. for an extension of time submitted.
2025-10-02
Letter dated October 2, 2025 submitted by counsel for petitioners under Rule 32.3 filed.
2025-09-22
Petition for a writ of certiorari filed. (Response due October 24, 2025)
2025-08-12
Application (25A176) granted by Justice Alito extending the time to file until September 22, 2025.
2025-08-07
Application (25A176) to extend the time to file a petition for a writ of certiorari from August 21, 2025 to September 22, 2025, submitted to Justice Alito.
Attorneys
Highland Capital Management, L.P.
Roy T. Englert Jr. — Herbert Smith Freehills Kramer (US) LLP, Respondent
Investment Professionals Concerned with Judicial Impartiality
Christopher E. Mills — Spero Law LLC, Amicus
James Dondero, et al.
Michael James Edney — Hunton Andrews Kurth LLP, Petitioner
New Civil Liberties Alliance
Unify.US; America First Policy Institute; Conservative Political Action Coalition; Faith & Freedom Coalition; Due Process Institute; 60 Plus Association; Chrtistian Employers Alliance; Concerned Women for America; Oklahoma Council of Public Affairs; Natio