Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re Wilhite

A judge is disqualified when two prongs are met: first, the judge or the judge's law firm was the attorney for a party in the case, and second, the matter before the judge is the same matter that was before the judge or judge's law firm. Although there are similarities between the suit filed by the plaintiffs and the two suits where the law firm represented defendant a decade ago, the specifics fail to show that the litigations concern the same matter in controversy. Both prongs are not met. Houston Court of Appeals, No. 01-09-00387-CV, 09-25-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Original Proceeding on Petition for Writ of Mandamus

OPINION

In this petition for writ of mandamus, relators, Edward and Margie Wilhite, contend that the Honorable Edward P. Magre, judge of the 20th Judicial District Court in Milam County, Texas, is disqualified from presiding over the underlying asbestos lawsuit filed against defendant Alcoa, Inc., the real party in interest. The Wilhites assert that the multidistrict pretrial court*fn1 erroneously denied their motion to disqualify Judge Magre because his previous law firm represented Alcoa over a decade ago in two similar asbestos lawsuits.*fn2 Although there are similarities between the lawsuit filed by the Wilhites and the two lawsuits where the law firm represented Alcoa a decade ago, the specifics fail to show that the litigations concern the same matter in controversy. We therefore deny the petition for writ of mandamus.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Labor & Employment Attorney - New York, NY

Description: Fox Rothschild has an opening in the New York office for an attorney in our renowned Labor & Employment Department, working...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
MATRIMONIAL ASSOCIATE ATTORNEY - NEW YORK

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›
Go to Lawjobs