Mack Trucks, Inc.

23 Cited authorities

Firestone Tire Rubber Co. v. Risjord
449 U.S. 368 (1981) Cited 997 times 1 Legal Analyses
Holding that orders refusing to disqualify counsel are not immediately appealable because there is usually an adequate remedy after final judgment—the court of appeals can vacate the judgment and order a new trial
Flanagan v. United States
465 U.S. 259 (1984) Cited 744 times 1 Legal Analyses
Holding that the Court of Appeals lacked jurisdiction to review order disqualifying counsel before defendant had been tried and sentenced
Fibreboard Corp. v. Labor Board
379 U.S. 203 (1964) Cited 730 times 7 Legal Analyses
Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA
First National Maintenance Corp. v. Nat'l Labor Relations Bd.
452 U.S. 666 (1981) Cited 268 times 16 Legal Analyses
Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons
Bd. Of. Ed. Of. N.Y. City v. Nyquist
590 F.2d 1241 (2d Cir. 1979) Cited 524 times
Holding that disqualification may be warranted where the attorney is “potentially in a position to use privileged information concerning the other side”
Government of India v. Cook Industries, Inc.
569 F.2d 737 (2d Cir. 1978) Cited 392 times
Finding the fraud issue in the prior action required counsel to conduct confidential inquiries as to defendant's loading procedures and the "very same information necessarily was the cornerstone upon which [plaintiff's] fraud claim against [defendant] in the instant case was based"
Westinghouse Elec. Corp. v. Kerr-McGee Corp.
580 F.2d 1311 (7th Cir. 1978) Cited 295 times
Holding that the lawyer client relationship begins with the preliminary consultation "with a view to retention of the lawyer, although actual employment does not result."
Trone v. Smith
621 F.2d 994 (9th Cir. 1980) Cited 259 times
Finding substantial relatedness measured by "the allegations in the complaint and by the nature of the evidence that would be helpful in establishing those allegations"
LaSalle Nat. Bank v. County of Lake
703 F.2d 252 (7th Cir. 1983) Cited 208 times
Holding that, for an ethical screen to be effective, it must be set up at the time when the potentially disqualifying event occurred
Armstrong v. McAlpin
625 F.2d 433 (2d Cir. 1980) Cited 224 times
Adopting a restrained approach to disqualification
Section 1291 - Final decisions of district courts
28 U.S.C. § 1291 Cited 90,209 times 139 Legal Analyses
Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

Mack Trucks, Inc.

23 Cited authorities

Holding that orders refusing to disqualify counsel are not immediately appealable because there is usually an adequate remedy after final judgment—the court of appeals can vacate the judgment and order a new trial

Holding that the Court of Appeals lacked jurisdiction to review order disqualifying counsel before defendant had been tried and sentenced

Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons

Holding that disqualification may be warranted where the attorney is “potentially in a position to use privileged information concerning the other side”

Finding the fraud issue in the prior action required counsel to conduct confidential inquiries as to defendant's loading procedures and the "very same information necessarily was the cornerstone upon which [plaintiff's] fraud claim against [defendant] in the instant case was based"

Holding that the lawyer client relationship begins with the preliminary consultation "with a view to retention of the lawyer, although actual employment does not result."

Finding substantial relatedness measured by "the allegations in the complaint and by the nature of the evidence that would be helpful in establishing those allegations"

Holding that, for an ethical screen to be effective, it must be set up at the time when the potentially disqualifying event occurred

Adopting a restrained approach to disqualification

Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"