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9 result(s) for disqualification
Chancery Refuses to Remove Conflicted Arbitrator Chosen by Parties
Milton Investments, LLC v. Lockwood Brothers II, LLC, C.A. No. 4909-VCP (Del Ch. July 20, 2010), read opinion here. This 38-page opinion by the Delaware Court of Chancery addressed two issues that are of practical importance to business litigators. Procedurally it is noteworthy that within about 6 weeks of the...
Chancery Denies Motion to Disqualify Cravath Firm in Airgas/Air Products Battle
Air Products and Chemicals, Inc. v. Airgas, Inc., No. 5249 (Del. Ch., March 5, 2010), transcript of ruling from the bench available here. For anyone who wants to know the latest iteration of law from the Delaware Court of Chancery on motions seeking to disqualify litigation counsel based on alleged...
Air Products Sues Airgas to Form Special Committee to Negotiate All Cash Offer
Air Products and Chemicals, Inc. v. Airgas, Inc., Del. Ch., No. 5249 (Complaint filed Feb. 4, 2009), read complaint here. This Complaint in the Delaware Court of Chancery was filed to force Airgas to reply in a meaningful manner and to seriously consider the all cash offer of Air Products...
Boston Scientific Corporation v. Johnson & Johnson, Inc., D.Del., Nos. 07-333; 07-348; 07-409-SLR (Aug. 25, 2009), read opinion here. This is a memorandum opinion of the U.S. District Court for the District of Delaware, following an evidentiary hearing, in which the Court denies a Motion to Disqualify the law firm...
Supreme Court Decides Qualifications for Judicial Appointment
The Delaware Supreme Court was asked by the Governor of the State of Delaware, pursuant to established procedure, to answer a question of law about whether a person she wanted to nominate to a minor judicial position, was disqualified due to a drug offense committed when he was 17 years...
Supreme Court Addresses Judicial Recusal Standard
In Home Paramount Pest Control v. Gibbs, (Del. Supr., Jan. 17, 2008), read opinion here, the Delaware Supreme Court addressed the judicial recusal standard in the context of a hearing officer for an administrative agency. Here is the quote that recites the two-part test for recusal and the reasoning behind...
Motion to Disqualify Based on Alleged Conflict: Denied
Express Scripts, Inc. v. Crawford, (Del. Ch., Jan. 25, 2007), read opinion here. This Chancery Court letter opinion denies a Motion to Disqualify that was filed based on Rule 1.9 of the Delaware Lawyers' Rules of Professional Conduct. The court explains the policy reasons behind the rule and the need...
In denying a motion to disqualify counsel based on a claim that the opposing attorney might be a witness in violation of Rule 3.7, the court viewed the motion as a tactical maneuver. The court focused on the procedural context as relevant to the nature of enforcement, but not the...
In Hendry v. Hendry, download file, Vice Chancellor Parsons denied a motion by the defendant to disqualify plaintiff's counsel in light of a claim that the law firm for the plaintiff had represented the defendant in the past, and thus, it was alleged, Rule 1.9 of the Delaware Lawyers' Rules...
