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Pfizer Inc. v. Stryker Corp.

No risk of trial taint from defendant's law firm's involvement in prosecution of action.

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Judge Kaplan

PFIZER, INC. v. STRYKER CORP. — Defendant Stryker Corporation (“Stryker”) moves for an order enjoining plaintiffs and their attorneys from retaining or engaging the law firm of Goodell, Devries, Leech & Dann of Baltimore, Maryland (the “Goodell firm”), from representing plaintiffs in this action or seeking, obtaining, or paying for, directly or indirectly, any legal or consulting services of that firm concerning this action. It contends that such relief is warranted because the Goodell firm was representing Stryker in two product liability suits in Virginia at the time it assisted plaintiffs’ New York counsel in filing this action. The motion is the substantial equivalent of a motion to disqualify counsel for violation the Code of Professional Responsibility, but takes this form because the Goodell firm, although concededly actively involved in the prosecution of this case, has not sought leave for any of its attorneys to appear pro hac vice and thus has filed no appearance.

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