Legal Opinion · Dissent
Picker International, Inc. v. Varian Associates, Inc.
Court of Appeals for the Federal Circuit
Decided March 7, 1989No. 88-1399Published
1DissentArcher, Circuit Judge
I would decline to consider the issue raised by the certified questions at this time and remand for reconsideration of the facts as they presently exist, applying a balancing test for disqualification instead of a per se disqualification rule.
In the Ohio case, the district court for the Northern District of Ohio found that “Varían had been represented in a number of matters by the Chicago law firm of McDougall, Hersh & Scott (“MH & S”) *585including five that are on-going____ In particular, MH & S ... had been representing Varían in a suit in California against the Genus Corporation.” Picker…
2Cases cited16 opinions
- Panduit Corp. v. All States Plastic Manufacturing Co., Inc.Court of Appeals for the Federal Circuit · 1984
- Board Of Education Of The City Of New York v. Ewald NyquistCourt of Appeals for the Second Circuit · 1979
- Fund of Funds, Ltd. v. Arthur Andersen & Co.Court of Appeals for the Second Circuit · 1977
- United States v. Standard Oil CompanyDistrict Court, S.D. New York · 1955
- United States v. ClarkDistrict Court, M.D. Pennsylvania · 1986
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