Legal Opinion
Beller v. Crow
Nebraska Supreme Court
Decided December 7, 2007No. S-06-872PublishedCited by 7 opinions
1Opinion of the CourtConnolly, J.
Plaintiff Sheila K. Beller appealed the district court’s disqualification of her counsel, Gary D. McGuane. Upon a motion filed by two of the defendants, the court disqualified McGuane because he had firsthand knowledge about the facts and issues of the lawsuit, making his testimony at trial “essentially inevitable.”
The main issue is whether the district court correctly disqualified McGuane, because of his personal relationship with Beller and his firsthand knowledge of the relevant issues. Specifically, we must determine whether McGuane is likely to be a necessary witness at trial to justify…
2Cases cited6 opinions
- Smithson v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1991
- Security General Life Insurance v. Superior CourtArizona Supreme Court · 1986
- Eisenstadt v. EisenstadtAppellate Division of the Supreme Court of the State of New York · 2001
- Mutual Group U.S. v. HigginsNebraska Supreme Court · 2000
- McKenzie v. City of OmahaNebraska Court of Appeals · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Heckman v. MarchioNebraska Supreme Court · 2017
- Puritas Metal Prods., Inc. v. Cole, 07ca009255 (9-15-2008)Ohio Court of Appeals · 2008
- JACOB NORTH PRINTING CO., INC. v. MosleyNebraska Supreme Court · 2010
- Brooks v. South Carolina Commission on Indigent DefenseCourt of Appeals of South Carolina · 2017
- Utilimaster Corp. v. Indiana Department of State RevenueIndiana Tax Court · 2012
2 more not listed; retrieve them via the Exa API.