Judge Evanson’s Rebuke
The case took a decisive turn when U.S. District Judge Kymberly K. Evanson reversed an earlier order that would have allowed Hagens Berman to amend the complaint with new plaintiffs. The judge cited fresh evidence showing Floyd’s disengagement had been known to his lawyers months earlier.
Court documents revealed that since September 2023, Floyd stopped cooperating in discovery and later confirmed his desire to withdraw completely. The judge dismissed Floyd’s claims with prejudice, but left the door open for new plaintiffs such as Jolene Furdek and Jonathan Ryan to file fresh suits.
In a rare move, Judge Evanson also conducted an in-camera review of Hagens Berman’s communications with Floyd, discovering that the firm had portrayed him as merely “difficult to reach” while he had, in fact, clearly withdrawn from the case.
Hagens Berman Fights Back
The firm insists it acted ethically. In an Oct. 27 motion, Hagens Berman argued that revealing Floyd’s decision earlier would have violated the Washington Rules of Professional Conduct and breached attorney-client confidentiality.
“Counsel acknowledged the court’s frustrations,” the firm wrote, emphasizing that it had a “duty of confidentiality” that constrained its disclosures.
Firm founder Steve Berman doubled down, saying three expert declarations support the firm’s adherence to ethical standards. “We acted appropriately and expect the court will reconsider its ruling,” Berman said, dismissing the companies’ claims as overblown. “The work done will be used by the plaintiffs who will continue pursuing the case.”
