This short overview provides the basic criteria to be considered when an issue is presented about judicial recusal
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disqualification
Third Circuit Upholds Refusal to Disqualify Law Firm Under Legal Ethics Rules 1.9 and 1.10
By Francis Pileggi on
Posted in Selected Articles by Francis
In my latest ethics column for The Bencher, the publication of the American Inns of Court, I highlighted a decision of the U.S. Court of Appeals for the Third Circuit which upheld the refusal to disqualify a law firm based on legal ethics rules 1.9 and 1.10.
In sum, those rules codify the fundamental…
NJ Court Disqualifies Counsel Due to Conflict Based on Changing Firms
By Francis Pileggi on
Posted in Other Court Decisions
Martin v. AtlantiCare, 2011 U.S. Dist. LEXIS 122987 (Oct. 25, 2011 D.N.J.). Read opinion here .
Although this overview is not highlighting a Delaware decision, because the issue addressed is an important one and the Court’s reasoning may be applicable generally in Delaware, we thought this case summary was noteworthy.
Issue
Whether a law firm…
Delaware Chancery Court Rules That Wachtell Firm Not Disqualified Due to Prior Representation of Dow, From Suing Dow for Rohm and Haas
By Francis Pileggi on
Posted in Chancery Court Updates
The Delaware Chancery Court ruled today that it would deny a motion to disqualify the Wachtell Lipton firm from representing Rohm and Haas in its pending suit against Dow Chemical despite the prior representation of Dow by Wachtell. Rohm and Haas Co. v. Dow Chemical Co., (Del. Ch., Feb. 12, 2009), read opinion here.…
Chancery Court Disqualifies Counsel Due to Litigation Conduct Involving Privileged Documents and Witness Interviews; and Addresses Standing to Allege Ethical Violations
By Francis Pileggi on
Posted in Chancery Court Updates
In Postorivo v. AG Paintball Holdings, Inc., 2008 WL 3876199 (Del. Ch., Aug. 20, 2008), read opinion here, the Chancery Court disqualified from the case (i.e., colloquially, kicked off the case) certain lawyers of the defense team due to their litigation conduct which also raised issues about their compliance with the Delaware Lawyers’ Rules of Professional Conduct. Though…