Legal Opinion

Barbara Bowers v. The Ophthalmology Group

Court of Appeals for the Sixth Circuit

Decided October 25, 2013No. 19-4098PublishedCited by 32 opinions

1Opinion of the CourtMoore, J., joined by Sargus, D.J.,

GRIFFIN, J. (pp. 655-58), delivered a separate dissenting opinion.

*649OPINION

KAREN NELSON MOORE, Circuit Judge.

When a prior attorney-client relationship exists between a party and an opposing party’s counsel, the opposing party’s counsel must be disqualified if confidential information was shared in the prior matter and that matter is substantially related to the current one. In this appeal, we consider the meaning of “substantially related.”

Plaintiff-Appellant, Barbara Jean Bowers, M.D., is an ophthalmologist in Paducah, Kentucky. From 2002 to 2010, Bowers was a partner of The Ophthalmology…

2Cases cited6 opinions

  1. Analytica, Incorporated v. Npd Research, Inc., Defendant-Cross-Appellant-Cross-Appellee. Appeals of Schwartz & Freeman and Pressman and Hartunian ChtdCourt of Appeals for the Seventh Circuit · 1983
  2. Koch v. Koch IndustriesDistrict Court, D. Kansas · 1992
  3. National Union Fire Insurance Company Of Pittsburgh, Pennsylvania v. Alticor, Inc.Court of Appeals for the Sixth Circuit · 2007
  4. Dana Corp. v. Blue Cross & Blue Shield Mutual of Northern OhioCourt of Appeals for the Sixth Circuit · 1990
  5. Bardsley v. Powell, Trachtman, Logan, Carrle & Bowman, P.C.District Court, E.D. Pennsylvania · 1996

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3Cited by32 opinions

  1. Grimes Ex Rel. Estate of Grimes v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2015
  2. Cedar Rapids Bank & Trust Co. v. Mako One CorporationCourt of Appeals for the Eighth Circuit · 2019
  3. Academy of Allergy v. La. Health Serv. & Indem. Co.District Court, E.D. Louisiana · 2018
  4. Atmosphere Hospitality Management Services, LLC v. Royal Realties, LLCDistrict Court, E.D. Michigan · 2014
  5. Abdi v. Infidels LLCDistrict Court, M.D. Tennessee · 2025

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