Bang Energy Chapter 11 Suit Thrown Out: Judge Cleared of Bias Allegations by Ousted CEO

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The Bankruptcy Backdrop: Bang’s Fall and Monster’s Rise

Bang’s parent company, Vital Pharmaceuticals, filed for Chapter 11 bankruptcy in October 2022, citing the need for “breathing room” from a flood of litigation. But the legal heat turned inward in March 2023, when the company’s board terminated both Owoc and his wife, Megan Owoc, who was then senior VP of marketing.

Despite being ousted, Owoc remained the 100% shareholder. He accused Judge Russin of retaliatory conduct throughout the bankruptcy, including approving the sale of Vital to Monster Energy for $362 million — a deal Owoc argued grossly undervalued the company, especially compared to a rival offer from Keurig Dr Pepper.

Why the Suit Failed: Legal Gaps and Procedural Errors

The ruling detailed several fatal flaws in Owoc’s complaint:

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  • Judicial immunity rendered Judge Russin untouchable for actions tied to his courtroom role.

  • Section 1983 claims against federal judges are invalid, as they apply only to state officials.

  • RICO allegations lacked a credible narrative of racketeering or enterprise involvement.

  • Improper service of legal documents to the U.S. Attorney’s Office and Attorney General rendered the official capacity claims defective.

Moreover, Judge Leibowitz rebuffed Owoc’s plea to remove Judge Russin from the bench, noting:

“This court simply cannot do that; it has no power to do so under any set of facts.”