Friday, October 12, 2007

Not Substantially Related

In a lawsuit involving the death of a resident of a health care facility, a former associate of a law firm that represents the defendant is now employed at the plaintiff's law firm. A motion to disqualify was filed. The Fourth District Court of Appeal of Florida held that disqualification was not required: "[The attorney] handled a 'type of problem' for [defendant]--negligence cases involving patients who suffered from pressure ulcers or falls; the current case, filed after [the associate] left [his former firm] is a 'wholly distinct problem of that type'." Each negligence case "turns on its own facts" and does not require the attorney to attack his work at the former firm.

The link takes you to the court's web page-click on July 25-- case is Health Care & Retirement Corp. v. Bradley, No. 4D07-437. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/10/not-substantial.html

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