Swainston v. Intermountain Health Care, Inc.

DURHAM, Justice:

Intermountain Health Care (IHC) appeal from the trial court’s order denying its motion to disqualify the firm of Howard, Lewis & Petersen (the Howard firm) from the present action. Following a hearing on the motion, the trial court ruled that IHC was collaterally estopped from litigating its motion because a similar motion had previously been litigated in a case in federal court. We reverse and remand.

Plaintiffs filed the present medical malpractice action on March 9, 1984. The Howard firm appeared as counsel on June 25, 1984, after plaintiffs’ original counsel withdrew from…