Court Quashes Miami Firm's Disqualification for Conflict in Tobacco Litigation
Philip Morris USA argued Miami's Ferraro Law Firm should be disqualified for hiring an attorney who used to do defense work for the tobacco company.
January 11, 2018 at 06:48 PM
2 minute read
An appellate court quashed the disqualification of Miami's Ferraro Law Firm from a smoker's case, reversing a Broward judge who focused on a former firm lawyer who had an alleged conflict.
The Fourth District Court of Appeal ruled in a previous case that the firm should be disqualified because associate Paulo Lima once had access to Philip Morris USA's confidential information through a previous job. But on Wednesday, the appellate court quashed a second disqualification because Lima had left Ferraro by the time that motion was filed.
The Fourth DCA found Broward Circuit Judge John Murphy applied the wrong rule based on when Lima left the firm.
Philip Morris, a defendant, claimed Lima billed more than 1,500 hours representing the company at Hunton & Williams before he joined the Ferraro firm. That number reportedly included about 375 hours defending cases that spun out of Florida's Engle tobacco class action, and Philip Morris claimed Lima had access to litigation databases and internal documents.
Lima did not immediately respond to a request for comment.
In a different case in 2016, the Fourth DCA found the Ferraro firm should be disqualified because Philip Morris showed Lima had actual knowledge of material confidential information.
Murphy found the earlier ruling required him to disqualify the Ferraro firm from representing Engle plaintiff Dolores Balaban. But this time around was different, the appellate court ruled, because Lima has moved on to the Russo Appellate Firm in Miami.
The trial court should have applied a rule pertaining to representing interests adverse to clients of a formerly associated lawyer, not the rule for former clients of a newly associated lawyer, ruled Fourth DCA Judges Dorian Damoorgian, Alan Forst and Mark Klingensmith. The case was sent back to the trial court.
Philip Morris attorney Geoffrey Michael of Arnold & Porter Kaye Scholer in Washington did not respond to questions about whether the company will continue to pursue disqualification.
The Ferraro Law Firm's Juan Bauta also did not respond to request for comment.
The law firm, also known for asbestos litigation, has won several results for Engle plaintiffs, including a $6.4 million jury verdict in 2016.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDisbarred Attorney Alleges ADA Violations in Lawsuit Against Miami-Dade Judges
3 minute readDivided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute readChicago Midsize Firm Will Combine With Miami Boutique To Form Antitrust Powerhouse
3 minute readTrending Stories
- 1UPS Agrees to $45M Settlement With SEC Over Valuation Claim
- 2For Midsize Law Firms, Curbing Boys-Club Culture Starts with Diversity at the Top
- 3Southern California Law Firms Boast Industry-Leading Revenue, Demand Through Q3
- 4AI: An Enhancement, Not a Replacement for Attorneys
- 5Fowler White Burnett Opens Jacksonville Office Focused on Transportation Practice
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250