Risk Update

Conflicts Complexities — PI Lawyer Expert Witness Twist, Cross-border California Casino Clash

Disqualification Sought for Connecticut Lawyer in Personal Injury Case” —

  • “A new twist in a case involving the alleged poaching of clients from one law firm to another now has one attorney—citing a conflict of interest—trying to disqualify a fellow lawyer from a separate case.”
  • “The attorneys at Cicchiello & Cicchiello have been fighting with a former associate who allegedly absconded with the firm’s client list. But now that fight has come back to haunt them in separate litigation.”
  • “The defense lawyer opposing Cicchiello & Cicchiello in a car accident tort case is asking a Connecticut judge to remove the attorney serving as the plaintiff’s expert witness.”
  • “Now, Adler’s motion for disqualification notes that Connelli, the expert that Dzialo Pickett hired for his client’s case, is also opposing counsel against Dzialo Pickett in the Cicchiello & Cicchiello litigation.”
  • “It claims Connelli is therefore an unsuitable expert witness in the car accident case. It argues that Connelli has a conflict in the accident case, where he is on the Dzialo Pickett payroll as a legal expert, while litigating against it as opposing counsel in the Cicchiello dispute.”

NJ Firm Faces DQ Bid For ‘Abusing’ Ability To Work In Calif.” —

  • “A New Jersey law firm is ‘abusing’ the system that allows lawyers to temporarily practice in California, applying at least 22 times since last year on behalf of the same client in similar putative class actions alleging accessibility violations, a casino services company has contended.”
  • “The Northern District of California should disqualify Marcus & Zelman LLC from a case in which Bruce Begg alleges that an online casino owned by Sutter’s Place Inc. lacks certain accessibility options for the visually impaired, as the firm has sought temporary admission in at least 22 different cases in California since lasClt year, all on Begg’s behalf, the company argued Friday… Zelman has applied for temporary admission in California at least 64 times since 2017, according to Sutter’s Place.”
  • “Begg alleges that Sutter’s Place has violated the federal Americans with Disabilities Act and California’s Unruh Civil Rights Act. When he attempted to use its website in June 2020, Begg was not able to learn about casino locations, hours of operation and contact information because the technology the site uses is not accessible to him, according to an amended complaint he filed in March.”
  • “Sutter’s Place contended in its motion to disqualify Friday that Marcus & Zelman uses the same accessibility technology on its own website as the casino services company.”