Supreme Court of the United States · Official docket →
James Dondero, et al. v. Stacey G. Jernigan, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-10287 · judgment April 16, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Petitioner James Dondero was the founder and president of a hedge fund, Highland Capital Management, L.P. In 2019, he entered Highland into a Chapter 11 bankruptcy reorganization. While presiding over Highland’s bankruptcy case, the bankruptcy judge wrote and published two novels — He Watches All My Paths and Hedging Death — that pit a heroic bankruptcy judge against a nefarious hedge-fund manager bearing striking similarities to Mr. Dondero. Mr. Dondero moved for recusal but the bankruptcy judge denied the motion. He then sought review through mandamus. The Fifth Circuit acknowledged that “a strong argument could be made that she had a duty to recuse” on account of the books. App. 17a. But the Fifth Circuit held that the bankruptcy judge’s recusal declination was shielded by two overlapping layers of appellate deference. It could be overturned only if the bankruptcy judge abused her discretion by denying recusal, and if Mr. Dondero made a “clear and indisputable” showing of that abuse. The Fifth Circuit’s holding directly conflicts with the Seventh Circuit, which reviews orders denying recusal de novo, even when presented on mandamus. The Fifth Circuit’s approach also conflicts with the Third Circuit, which equates the “clear and indisputable” showing requirement with the abuse-of-discretion standard of review when evaluating recusal decisions on mandamus, rather than applying the Fifth Circuit’s double dose of deference. The questions presented are: 1. Should a judge’s order declining to recuse be reviewed de novo or for abuse of discretion? (i)
Counsel of record
For petitioner
Michael James Edney
Hunton Andrews Kurth LLP
For respondent
Roy T. Englert Jr.
Herbert Smith Freehills Kramer (US) LLP
Proceedings
- Mar 09 2026Rehearing DENIED.
- Feb 27 2026Supplemental brief of petitioner James Dondero, et al. filed. (Distributed)
- Feb 24 2026Letter attaching supplemental materials of James Dondero, et al. submitted.
- Feb 18 2026DISTRIBUTED for Conference of 3/6/2026.
- Feb 06 2026Petition of James Dondero, et al. for rehearing not accepted for filing. (February 11, 2026)
- Feb 06 2026Petition for Rehearing filed.
- Jan 12 2026Petition DENIED.
- Jan 08 2026January 8, 2026 Letter to Scott Harris of James Dondero, et al. submitted.
- Dec 15 2025Reply of petitioners James Dondero, et al. filed. (Distributed)
- Dec 10 2025DISTRIBUTED for Conference of 1/9/2026.
- Nov 24 2025Brief of respondent Highland Capital Management, L.P. in opposition filed.
- Oct 24 2025Brief amicus curiae of New Civil Liberties Alliance filed.
- Oct 24 2025Brief amicus curiae of Investment Professionals Concerned with Judicial Impartiality filed.
- Oct 24 2025Brief amici curiae of Unify.US, et al. filed.
- Oct 16 2025Motion to extend the time to file a response is granted and the time is extended to and including November 24, 2025.
- Oct 15 2025Motion to extend the time to file a response from October 24, 2025 to November 24, 2025, submitted to The Clerk.
- Oct 02 2025Letter dated October 2, 2025 submitted by counsel for petitioners under Rule 32.3 filed.
- Sep 22 2025Petition for a writ of certiorari filed. (Response due October 24, 2025)
- Aug 12 2025Application (25A176) granted by Justice Alito extending the time to file until September 22, 2025.
- Aug 07 2025Application (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.