Bandas Sues Insurance Provider over Civil RICO Defense

Posted on 11 April 2017.

In December 2016, Jay Edelson brought a class action suit against Christopher Bandas (and others), alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), the All Writs Act, and for Abuse of Process.  To defend himself from these claims, Mr. Bandas retained the law firm of Freeborn & Peters, LLP.  However, Mr. Bandas’ malpractice insurance provider, Landmark Insurance, balked at paying the price of defending him.  Landmark alleges that Freeborn & Peters, LLP are charging an excessive rate for their services.

Mr. Bandas sued Landmark in Texas state court, alleging breach of contract.  Landmark then removed the case to the Southern District of Texas.  As part of his argument, Mr. Bandas turned over documents to the Court relating to the terms of his defense, including his own declarations and declarations of his attorneys in the Edelson action.  Mr. Bandas notes that the information contained in the terms of his representation and correspondences with Landmark could contain information detrimental to his defense in the Edelson action.  He also claims that “the public has very little interest in the information.” (See Motion to Seal, at 2.6)  We respectfully disagree.