Legal Opinion
Smith v. Pepsico, Inc.
District Court, S.D. Florida
Decided July 11, 1977No. 76-1137 Civ-NCRPublishedCited by 35 opinions
1Opinion of the Court
ORDER
ROETTGER, District Judge.
Defendants have filed a joint motion for recusal based solely on the fact that plaintiff’s attorney, Barbara Pariente, was a law clerk for this judge for a period of two years ending more than two years ago. Because no affidavit of bias or prejudice has been filed by the parties as required by 28 U.S.C. § 144, the court will treat this motion as having been brought pursuant to 28 U.S.C. § 455(a) 1 . In determining whether a judge should disqualify himself under the latter provision the appropriate test is whether a reasonable person knowing all of the…
2Cases cited21 opinions
- Melvin R. Laird, Secretary of Defense v. Arlo TatumSupreme Court of the United States · 1972
- Birdie Mae Davis, United States of America, Plaintiff-Intervenor, Edwin Foster, Plaintiff-Intervenor v. Board of School Commissioners of Mobile County, James E. Buskey v. Board of School Commissioners of Mobile County, Birdie Mae Davis, United States of America, Plaintiff-Intervenor, James E. Buskey, Plaintiff-Intervenor-Appellant v. Board of School Commissioners of Mobile CountyCourt of Appeals for the Fifth Circuit · 1975
- Alfredo G. Parrish, Etc. v. Board of Commissioners of the Alabama State Bar, Etc., Defendants- Alabama Black Lawyers Association v. Board of Commissioners of the Alabama State Bar, Etc., DefendantsCourt of Appeals for the Fifth Circuit · 1975
- United States v. William B. TriggCourt of Appeals for the Seventh Circuit · 1968
- United States v. Louis L. Seiffert, Jr.Court of Appeals for the Fifth Circuit · 1974
16 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Martin-Trigona v. LavienDistrict Court, D. Connecticut · 1983
- McCann v. Communications Design Corp.District Court, D. Connecticut · 1991
- State of Idaho v. FreemanDistrict Court, D. Idaho · 1981
- Reilly v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1984
- United States v. Kenneth Paul HollisterCourt of Appeals for the Eighth Circuit · 1984
30 more not listed; retrieve them via the Exa API.