Search for: "MATTER OF RULES ON DISQUALIFICATION" Results 781 - 800 of 1,155
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3 Apr 2013, 8:41 am by Jaclene D'Agostino
Accordingly, in view of the great deference given to the testator’s selected fiduciary, this case serves to reiterate the longstanding rule that actual misconduct is the key to the disqualification of a fiduciary; potential misconduct is not enough. [read post]
1 Apr 2013, 9:24 am
We reverse the judgment, in part, and remand the matter for a new hearing as to all of the financial orders.") [read post]
6 Mar 2013, 10:44 am by Ken
And given the subject matter of Ingenuity 13’s accusations and the economics of defending such a lawsuit, it is highly likely that the subscriber would immediately pay a settlement demand—regardless whether the subscriber is the actual infringer. [read post]
21 Feb 2013, 3:18 pm by Andrew Perlman
The judge must remember that personal bias or prejudice concerning a party or lawyer is the sole basis for disqualification under Rule 2.11 that is not waivable by parties in a dispute being adjudicated by that judge. [read post]
21 Feb 2013, 2:46 pm
First, there was no suggestion here that Justice C has an actual or apparent bias arising from some personal interest in the outcome of the case or some connection with it that would require his disqualification as a matter of law. [read post]
23 Jan 2013, 12:37 pm
McKercher LLP.The rule came about as a result of the top court’s landmark 2002 decision in R v. [read post]
17 Jan 2013, 7:43 am by Spencer L. Reames
Based on the ambiguity created by the Court of Appeals’ affirmation of Oswald, in seeming conflict with its earlier rule in Maiden, Surrogate Glen ultimately held for the decedent’s parents and found abandonment by Machida. [read post]
14 Jan 2013, 9:52 am by Gregory Forman
 I might suggest that judges even violate Canon 3(B)(1)–“A judge shall hear and decide matters assigned to the judge except those in which disqualification is required”– when they recuse themselves based on an pro se litigant’s inappropriate conduct. [read post]
10 Jan 2013, 4:00 am by Administrator
In the former client context, the Canadian rules impute disqualification aggressively. [read post]
30 Dec 2012, 9:13 pm by John Steele
The Commission also drafted a new Model Rule on Practice Pending Admission and made amendments to the Model Rule on Admission by Motion. [read post]
27 Dec 2012, 6:56 am by Lawrence B. Ebert
Watson gives insight in attorney disqualification issues based on later representation adverse to a former client. [read post]
27 Dec 2012, 3:45 am by Cynthia Marcotte Stamer
  Fees and other compensation must be set appropriately and properly reported in accordance with ERISA’s fee disclosure rules. [read post]
20 Dec 2012, 2:38 pm by Emily Chan
Organizations are in the better position for keeping up to date on IRS notifications and disqualifications and should immediately address any matters jeopardizing their exempt status and/or update their solicitation materials accordingly regarding their exempt status. [read post]
14 Dec 2012, 2:03 pm
The Ruling of the Court: On the Disqualification: The question of whether or not to disqualify an attorney is a matter which rests in the sound discretion of the court. [read post]
2 Dec 2012, 12:07 pm by ALeonard
  As to this, he pointed out that the 9th Circuit had ruled in 1990 in High Tech Gays v. [read post]
23 Oct 2012, 10:04 am
Then, it went on to apply Local Rules 83.51(9)(a) and 83.51.10.Local Rule 83.51(9)(a) holds that a lawyer who previously represented a client may not represent another party in the same or substantially related matter in which that party's interest is adverse to that of the former client - without written consent. [read post]
22 Oct 2012, 6:58 pm by Francis Pileggi
In order for disqualification to be appropriate, “the litigant must show that the conflict prejudiced the fairness of the proceeding, not merely that a violation of the Rules had occurred”. [read post]
16 Oct 2012, 5:41 am
  The court simply held that Covington violated rule 1.9 on successive conflicts of interest. [read post]