Search for: "MATTER OF RULES ON DISQUALIFICATION"
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20 Jun 2014, 2:54 pm
A decision dated April 1, 2009 reflects that this court ruled from the bench that he should turn over that deed to her, and the executor was restrained from distributing $25,000 of estate assets until Brady's claims for legal fees were fixed. [read post]
5 Jun 2014, 4:36 am
Rule 506(d)(2) provides that the disqualification “shall not apply . . . upon a showing of good cause and without prejudice to any other action by the Commission, if the Commission determines that it is not necessary under the circumstances that an exemption be denied. [read post]
28 May 2014, 4:36 pm
The recusal of a judicial officer is a matter of conscience and personal to the judge presiding over the matter as it not automatic unless there is a statutory ground for disqualification under Judiciary Law 14. [read post]
26 May 2014, 5:00 am
In allowing the matter go to trial, the court was influenced by a variety of factors. [read post]
22 May 2014, 4:00 am
(c) Increase in the Number of Recusals It has been argued that judicial fundraising has the undesired potential of contributing to an excessive number of recusals.[105] This is problematic since regular disqualifications impose a cost on both the justice system and the public.[106] This is because such involvement “Will often necessitate the disqualification of a judge in a matter they have been involved with or have familiarly with due to their extrajudicial… [read post]
17 May 2014, 6:32 pm
Under the predecessor disciplinary rule, a party seeking disqualification of its adversary's lawyer was required to prove that there was an attorney-client relationship between the moving party and opposing counsel, the matters involved in both representations are substantially related, and the interests of the present client and former client are materially adverse. [read post]
16 May 2014, 6:34 pm
Under the predecessor disciplinary rule, a party seeking disqualification of its adversary's lawyer was required to prove that there was an attorney-client relationship between the moving party and opposing counsel, the matters involved in both representations are substantially related, and the interests of the present client and former client are materially adverse. [read post]
28 Apr 2014, 3:06 pm
Here’s what the appellate court ruled: 1. [read post]
5 Apr 2014, 6:51 pm
Accordingly, the lawyer argues, objectant was never a client and therefore lacks standing to seek disqualification of the firm in the probate matter. [read post]
29 Mar 2014, 6:54 pm
Moreover, the rule relating to former clients does not apply under these circumstances. [read post]
19 Mar 2014, 1:31 pm
How does this ruling impact civil trial lawyers? [read post]
12 Mar 2014, 2:03 pm
See In the Matter of Cadillac V8-6-4 Class Action, 93 N.J. 412 (1983) (construing New Jersey DR 5-101 and DR 5-102). [read post]
10 Mar 2014, 6:00 am
If the law were otherwise, recusal would be required as a matter of course since courts necessarily rule against parties and witnesses in every case, and litigants could manipulate the impartiality issue for strategic advantage, which the courts frown upon. [read post]
5 Mar 2014, 10:00 am
The subject matter or matters included in the reference. [read post]
5 Mar 2014, 7:00 am
Discovery Matters California Rule of Court Rule 3.922(e) (pdf) grants the discovery Referee authority to set the date, time, and place for all hearings determined by the Referee to be necessary, to direct the issuance of subpoenas, to preside over hearings, to take evidence and to rule on objections, motions, and other requests made during the course of the hearing. [read post]
23 Feb 2014, 3:14 pm
Ordinarily, when a prospective adoptive parent has a conviction for a crime that mandates disqualification from becoming an adoptive parent, the foster care agency must remove the foster child from the home of that foster parent. [read post]
21 Feb 2014, 6:00 am
(2) Rule 2.9(A)(4), Ex parte Communications: "A judge may, with the consent of the parties, confer separately with the parties and their lawyers in an effort to settle matters pending before the judge." [read post]
10 Feb 2014, 4:55 am
The judge should have entered an order of disqualification. [read post]
5 Feb 2014, 6:16 am
Witt, a psychologist, who examined him in connection with the disciplinary matter. [read post]
5 Feb 2014, 4:30 am
An example of a troublesome local rule? [read post]
