Texarkana class-action attorney John Goodson will get his day before the 8th Circuit Court of Appeals on Feb. 7.
On that day, Goodson and four other attorneys who were found to have abused the court system by manipulating a controversial class-action case will argue that they shouldn’t have been punished.
The members of the three-judge panel who will hear the case are Lavenski R. Smith, Duane Benton and Bobby E. Shepherd. All three were nominated by Republican President George W. Bush.
Goodson, who is the husband of a state Supreme Court justice, is challenging the August ruling in which Chief U.S. District Court Judge P.K. Holmes III found the five attorneys had acted in bad faith.
Holmes also found that seven other plaintiffs’ attorneys and three defense attorneys involved in the class-action case had abused the court system, but their misconduct didn’t rise to the level of bad faith. They were not sanctioned.
All the attorneys maintain that they have done nothing wrong and are part of the appeal at the 8th Circuit.
Ted Frank, director of a Washington nonprofit that represents class members opposing unfair class-action cases, has filed a friend of the court brief in the case and wants Holmes’ order to stand. He is scheduled to be at the Feb. 7 hearing to argue his position.