One of BellSouth's Attorneys Disqualified from CaseAugust 27, 2002 - In a major ruling, Judge Linwood Smith of the U.S. District Court for the Northern District of Alabama rejected the efforts of BellSouth Corp. to manipulate the selection of the judge who presides over a class action race discrimination suit filed against BellSouth earlier this year. Shortly after the case was filed and randomly assigned to Chief Judge U.W. Clemon, BellSouth hired the Judge's nephew, which would have had the effect of forcing the Judge to leave the case and have it reassigned to another judge. As the Court concluded, defendants in Birmingham had a history of hiring the Judge's nephew when they were sued for discrimination and forcing the selection of another judge. This time, the plaintiffs moved to disqualify the nephew and his firm on grounds that BellSouth had hired them for the improper purpose of shopping for another judge. Judge Smith agreed with the plaintiffs and ordered the nephew and his firm removed from the case. Judge Smith concluded that, under the circumstances here, the continued involvement of the nephew and his firm in this case would "impugn the public's perception of the impartial and efficient administration of justice." For more information, please contact us at lawinfo@cmht.com. |
