Opinion
NO. 2015 CW 1528
03-14-2016
HEALING HANDS HOME HEALTH, INC. v. KPH STAFFING AGENCY, LLC, BERNADETTE FENERTY, KELLI FERACHI, AND KEIYANA A. MOORE
In Re: KPH Staffing Agency, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 630235. BEFORE: GUIDRY, HOLDRIDGE AND CHUTZ, JJ.
WRIT DENIED. Relator has not shown that the trial court abused its discretion in finding that the matters in the instant case and those involved in the representation of KPH Pediatric Staffing by Fisher & Phillips are the same or substantially related. See Louisiana Rules of Professional Conduct, Rule 1.9; Grant v. Grant, 31,599 (La. App. 2d Cir. 4/1/99), 734 So.2d 68, 74. See also Walker v. State, Dep't of Transp. & Dev., 2001-2078 (La. 5/14/02), 817 So.2d 57, 60. Although we conclude that the documentation presented to this Court does not demonstrate a conflict of interest requiring disqualification of Fisher & Phillips, we agree with the trial judge's statement that KPH Staffing Agency may re-urge its motion, if it has new evidence to introduce on the issue.
GH
WRC
Guidry, J., concurs and would decline to exercise this Court's supervisory jurisdiction, because the criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam), are not met. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT