Legal Opinion

MacArthur v. Bank of New York

District Court, S.D. New York

Decided October 28, 1981No. 79 Civ. 5785PublishedCited by 72 opinions

1Opinion of the Court

OPINION AND ORDER

SOFAER, District Judge:

During the jury trial of this action, it became apparent that a partner in the firm representing the defendant ought to testify on behalf of his client. The court sua sponte disqualified defendant’s counsel and declared a mistrial. Several of the issues raised by the disqualification deserve comment.

This is an action sounding in contract. Plaintiff alleges that the defendant Bank entered into a joint venture with him to manage and reorganize four failing companies that were indebted to defendant. The companies’ indebtedness to the Bank allegedly was to…

2Cases cited8 opinions

  1. Fed. Sec. L. Rep. P 95,328 J. P. Foley & Co., Inc. v. Oliver D. Vanderbilt, Arthur Young & CompanyCourt of Appeals for the Second Circuit · 1975
  2. U. S. Ex Rel. Sheldon Electric Co. v. Blackhawk Heating & Plumbing Co.District Court, S.D. New York · 1976
  3. Freeman v. Kulicke & Soffa Industries, Inc.District Court, E.D. Pennsylvania · 1978
  4. Norman Norell, Inc. v. Federated Department Stores, Inc.District Court, S.D. New York · 1978
  5. Miller Electric Construction, Inc. v. Devine Lighting Co.District Court, W.D. Pennsylvania · 1976

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3Cited by72 opinions

  1. George Lamborn, Henry Maringer, and Lamar Commodities, a Partnership v. Thomas H. Dittmer and Dittmer International, Inc.Court of Appeals for the Second Circuit · 1989
  2. John Pierce v. F.R. Tripler & Co. And Hartmarx Specialty Stores, Inc.Court of Appeals for the Second Circuit · 1992
  3. Kubin v. MillerDistrict Court, S.D. New York · 1992
  4. Culebras Enterprises Corporation v. Miguel A. Rivera-RiosCourt of Appeals for the First Circuit · 1988
  5. United States v. Claddis Arrington, Brooks Gregory Davis, Mary Ferguson Davis, and Wayne DavisCourt of Appeals for the Second Circuit · 1989

67 more not listed; retrieve them via the Exa API.

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