Board Of Education Of The City Of New York v. Ewald Nyquist

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that disqualification may be warranted where the attorney is “potentially in a position to use privileged information concerning the other side”
• observing that disqualification has been ordered “where the attorney is at least potentially in a position to use privileged information concerning the other side through prior representation”
• explaining that disqualification is warranted where counsel’s representation would confer unfair advantage and taint the trial
• noting that the Second Circuit's \considerable reluctance to disqualify attorneys despite misgivings about the attorney's conduct ... probably derives\ in part \from the fact ... that disqualification motions are often interposed for tactical reasons\ (internal citations omitted)
• courts should be reluctant to grant disqualification where Canons 4 and 5 fail to establish good support for such a motion
• “when there is no claim that the trial will be tainted, appearance of impropriety is simply too slender a reed on which to rest a disqualification order except in the rarest cases”

Source: CourtListener parenthetical corpus (CC0).