Legal Opinion

In Re International Business MacHines Corporation

Court of Appeals for the Second Circuit

Decided January 17, 1995No. Docket 94-3071PublishedCited by 79 opinions

1Opinion of the Court

JON 0. NEWMAN, Chief Judge:

International Business Machines Corporation (“IBM”) petitions for a writ of mandamus directing a district judge to recuse himself from the ease of United States v. IBM, CM Action No. 72-344 (S.D.N.Y.) (DNE) (“the 1952 Case”) and to reassign the litigation. Though it is a rare case when a district judge’s denial of a motion to recuse is disturbed by an appellate court and rarer still when such a denial is remedied on a petition for mandamus, we have concluded, for reasons set forth, that mandamus is warranted in this instance.

Background

The 1952 Case is a civil…

2Cases cited17 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Liteky v. United StatesSupreme Court of the United States · 1994
  3. Berger v. United StatesSupreme Court of the United States · 1921
  4. Haines v. Liggett Group Inc.Court of Appeals for the Third Circuit · 1992
  5. In Re International Business MacHines Corporation, United States of America v. International Business MacHines CorporationCourt of Appeals for the Second Circuit · 1980

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

3Cited by79 opinions

  1. United States v. Microsoft Corp.Court of Appeals for the D.C. Circuit · 2001
  2. Burke v. RegaladoCourt of Appeals for the Tenth Circuit · 2019
  3. United States v. DiazCourt of Appeals for the Second Circuit · 1999
  4. Securities & Exchange Commission v. RazmilovicCourt of Appeals for the Second Circuit · 2013
  5. United States v. DiazCourt of Appeals for the Second Circuit · 1999

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

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