Capponi Ex Rel. Capponi v. Murphy

How courts have described this case

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

• observing that “motions to disqualify opposing counsel are disfavored in this Circuit” because they are often made for tactical purposes, cause unnecessary delay, and “impinge[] on a party’s right to select counsel of its choosing.”
• observing that “motions to disqualify opposing counsel are disfavored in this Circuit” because they are often made for tactical purposes, cause unnecessary delay, and “impinge[] on a party’s right to select counsel of its choosing”
• applying the demand and refusal rule in an action to recover three paintings, one of which was gifted to the museum
• finding the witness’s testimony not strictly necessary where the information that the plaintiff intended to solicit from the witness “may be readily available from other sources”
• observing that “the so-called ‘witness-advocate’ rule applies in two situations: those in which the lawyer comes to believe that he or she ought to be called as a witness on behalf of his client; and those in which the lawyer may be called as a witness other than on behalf of his client”
• “Courts have interpreted [the witness-advocate rule] to require disqualification where the attorney’s testimony is necessary.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).