Risk Update

Conflicts Disqualifications — Delineated, Debated, Denied Ducked & Done (Insurance Fraud + Criminal Matter)

2 Firms Duck DQ Bid In Insurance Fraud Case” —

  • “Katten Muchin Rosenman LLP and Miller Canfield Paddock & Stone PLC have survived a bid to disqualify them from an insurance fraud case in which they represent State Farm, as several defendant health centers lack standing to bring the challenge, a Michigan federal court has held.”
  • “U.S. District Judge Avern Cohn declined to disturb a magistrate judge’s ruling that tossed the bid by Elite Health Centers Inc. and several related entities to disqualify Katten Muchin and Miller Canfield because the firms purportedly obtained information about the clinics through a relationship with a client who is not a party to the case. Because the defendants were alleging that a nonparty was the entity that had a relationship with the firms, they lack standing to seek to disqualify the firms, according to Monday’s ruling in the Eastern District of Michigan.”
  • “Judge Patti determined in June that Elite and the other entities failed to submit sufficient evidence that went beyond ‘speculat[ion]’ in trying to establish that the evidence in question was obtained through improper disclosure, according to court documents.”

Former DA Disqualified From Representing Criminal Defendant”

  • “Former Bexar County Criminal District Attorney Nico LaHood and his law firm should be disqualified from representing a criminal defendant whose case started while LaHood was still San Antonio’s top prosecutor, an appellate court has ruled.”
  • “‘This ruling affirms our belief that the integrity of the justice system is paramount and must be protected. This decision has state-wide implications, as the issue of prosecutor disqualifications has been left unclear for several years. It is our hope this ruling will serve as a guiding light to the other courts,’ said a statement by the current district attorney, Joe Gonzales.”
  • “In June, the district attorney’s office moved to disqualify the law firm, because back when he was district attorney, LaHood ‘was privy to the state’s entire case against Stovall.’ At a disqualification hearing, an assistant district attorney testified that in December 2018, LaHood called her to his office and looked at photos of the complainant’s injuries, reviewed 911 calls, and discussed the strengths and weaknesses of the Stovall case.”
  • “The court found that when LaHood talked about Stovall’s case with the assistant district attorney, reviewed the case and commented on his thoughts and opinions, he was participating in the preparation or investigation of the case. Texas law mandates his disqualification, the opinion said. Because his firm is so small, the entire firm must be disqualified.”
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