State Ex Rel. Wal-Mart Stores, Inc. v. Kortum

This is an original action for a peremptory writ of mandamus brought by relator, Wal-Mart Stores, Inc. (Wal-Mart). We are asked to determine whether a writ should issue disqualifying the law firm of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder, and Hofmeister, P.C. (Van Steenberg), from representing a party in an action against Wal-Mart because of the firm’s prior representation of Wal-Mart in another case.

We set forth a “substantially related” test and conclude that Van Steenberg’s prior representation of Wal-Mart is not substantially related to the present action against…