No Sanctions for Ex-Big Law Attorney Accused of ‘Butt Shaking’

A Texas lawyer who allegedly shook his rear at opposing counsel and directed obscene comments toward him during a mediation won’t be sanctioned for his acts.

“One of the sentences a judge does not imagine—much less welcome—writing includes the words ‘butt shaking’ in describing a lawyer’s alleged actions at a mediation,” Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas wrote May 4. “Sadly, those words fit here.”

But there’s “significant disagreement” about what happened, the judge said. And even though attorney Dennis P. Duffy’s behavior was “clearly outside professional bounds, neither counsel was a role model of professional conduct,” Rosenthal said.

Rule 11 sanctions are meant to punish and deter and courts should use restraint when imposing them, the opinion said.

Rosenthal noted Duffy already had to withdraw from the case, which received national press coverage when the February sanctions motion “went viral.” His professional reputation has suffered and most likely his ability to attract new business will as well, “and they should,” the court said.

The Houston attorney was a partner at BakerHostetler working as counsel for Chevron Phillips Chemical Co. in a discrimination case when the alleged acts occurred.

The plaintiff, Alclair White, sued Chevron in 2019 after she was fired for what she alleges was age and race discrimination. White had asked for $10,000 in sanctions, the amount she claimed it cost to file the motion. The court found that large a request to be unjustified.

According to the Texas Bar, Duffy is now with Kane Russell Coleman Logan PC in Houston, though he isn’t currently listed on the firm’s website. The firm didn’t immediately respond to a request for comment.

The case is White v. Chevron Phillips Chemical Co., LP, S.D. Tex., No. 4:19-cv-00187, 5/4/20.