Legal Opinion

In Re Allied-Signal Inc.

Court of Appeals for the First Circuit

Decided December 20, 1989No. 89-1823PublishedCited by 111 opinions

1Opinion of the Court

BREYER, Circuit Judge.

A group of defendants, currently engaged in a highly complex mass tort litigation, have filed a mandamus petition asking us to disqualify the judge and to declare a mistrial because two of the judge’s law clerks have brothers who represent plaintiffs. After reviewing the special circumstances of this litigation, we conclude that it would not be proper for us to provide the relief these defendants seek. We therefore deny the defendants’ petition for mandamus.

I

Background

On New Year’s Eve 1986 a fire in the San Juan Dupont Plaza Hotel in San Juan, Puerto Rico killed 97…

2Cases cited12 opinions

  1. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  2. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  3. In Re United States of AmericaCourt of Appeals for the First Circuit · 1981
  4. Parker v. Connors Steel Co.Court of Appeals for the Eleventh Circuit · 1988
  5. In the Matter of Union Leader CorporationCourt of Appeals for the First Circuit · 1961

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3Cited by111 opinions

  1. United States v. Robert E. Cooley Ronald L. Taylor Gary P. Leber Merri W. Turner, Also Known as Merrie Foutz and Charles W. MatsonCourt of Appeals for the Tenth Circuit · 1993
  2. In Re School Asbestos Litigation. Pfizer Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee., Intervenor. Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Acands, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Asten Group, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Asten Group, Inc., Dana Corporation, Pfizer, Inc., Pittsburgh Corning Corporation, and W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Georgia-Pacific Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, and a Conditionally Certified Class, Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School DistrictCourt of Appeals for the Third Circuit · 1992
  3. United States v. Gary L. DetempleCourt of Appeals for the Fourth Circuit · 1998
  4. Town of Norfolk and Town of Walpole v. United States Army Corps of EngineersCourt of Appeals for the First Circuit · 1992
  5. Belue v. LeventhalCourt of Appeals for the Fourth Circuit · 2011

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