Search Results for: "motion to disqualify"

Motion to Disqualify Granted Under Rule 1.9

A recent decision of the Delaware Superior Court featured an unusual ruling in Delaware: A motion to disqualify counsel was granted based on a conflict of interest under Rule of Professional Conduct 1.9, relating to prior representation of a client. Why the Decision is Notable: Although the facts in the 21-page decision styled Sun Life … Continue Reading

Chancery Rejects Motion to Disqualify Counsel Based on Alleged Conflict

 In the Matter of the Rehabilitation of Indemnity Insurance Corp., C.A. No 8601-VCL (Del. Ch. Feb. 19, 2014). Takeaway: This succinct letter ruling from the Court of Chancery provides one of many examples of why a motion to disqualify counsel based on alleged violations of the Delaware Lawyers’ Rules of Professional Conduct, such as for an alleged … Continue Reading

LexisNexis Videocast on Chancery Decision Addressing Motion to Disqualify

Courtesy of LexisNexis and their Corporate and Securities Practice page comes a videocast in which Steve Berstler of LexisNexis tapes yours truly in a short clip that discusses the recent Delaware Chancery decision in Manning v. Vellardita, highlighted on these pages, which addresses a motion to disqualify counsel based on an argument that the movant … Continue Reading

Chancery Rules on Motion to Disqualify and Motion to Revoke Pro Hac Vice Admission; Addresses Legal Ethics Violations; Requires Disclosure of Potential Conflicts in Future Pro Hac Vice Motions

Manning v. Vellardita, C.A. No. 6812-VCG (Del. Ch. March 28, 2012), is an important decision of the Delaware Court of Chancery on legal ethics as applied to non-Delaware attorneys who appear before the Court pro hac vice. Issues Addressed: Whether lack of complete candor to the Court in a Motion for Admission Pro Hac Vice … Continue Reading

Delaware Court of Chancery Rejects Motion to Disqualify Attorney in Pennsylvania Case

SOC-SMG, Inc. v. Day & Zimmerman, C.A. No. 5375-VCS (Del Ch. Sept. 15, 2010), read letter decision here. Key Issue Addressed The key issue addressed in this relatively short letter ruling was whether the Court of Chancery should disqualify counsel in a Pennsylvania case and impose other penalties based on conduct that occurred in connection with … Continue Reading

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 conflicts of interest, this short ruling … Continue Reading

Motion to Disqualify Denied Despite Violation of Rule 1.7 and Concurrent Conflict of Interest with Existing Client

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 of Howrey LLP from representing plaintiffs … Continue Reading