Counsel's disqualification stands on reconsideration

Apeldyn Corporation v. Samsung Electronics Co.,Ltd., et al., Civ. No.08-568-SLR, March 12, 2010.

Robinson, J.  Samsung’s motion to disqualify Plaintiff’s counsel so long as Samsung remains in the case is denied.  The court further orders that Samsung shall be dismissed from the case on or before June 25, 2010 unless plaintiff’s counsel advises otherwise.

The court previously granted Samsung’s motion and plaintiff moved for reconsideration.  Plaintiff’s counsel, R. Tyler Goodwyn IV had represented Samsung in prior litigation while at another law firm.  The court found that the failure to segregate Goodwyn from the instant litigation constituted and unavoidable imputed conflict.  The court finds a substantial relationship between the subject matter of the two litigations.  The court declines to certify an interlocutory appeal or to enter judgment under Rule 54(b).

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