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· 5/6/2003

Dallas Fletcher and Katherine Fletcher v. Conoco Pipe Line Company

Citations

  • 323 F.3d 661

How courts have described this case

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

  • holding under 28 U.S.C. § 455(a) that a claim for judicial recusal will not be considered unless timely made
  • stating that “disqualification is required if a reasonable person who knew the circumstances would question the judge’s impartiality, even though no actual bias or prejudice has been shown” (quoting United States v. Tucker, 78 F.3d 1313, 1324 (8th Cir. 1996))
  • reviewing a grant of summary judgment de novo and emphasizing that a party seeking a judge’s recusal “carries a heavy burden of proof” (citation omitted)
  • applying plain-error standard where recusal claim was not raised below, and noting an adverse ruling without clear showing of bias insufficient basis for disqualification
  • “An adverse ruling does not constitute a sufficient basis for disqualification without a clear showing of bias or partiality.”
  • judge is presumed to be impartial, and party seeking disqualification bears substantial burden of showing otherwise

Source: CourtListener parenthetical corpus (CC0).

Judges: Beam, Riley, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.