McKesson Information Solutions LLC v. Duane Morris LLP
Superior Court of Fulton County, State of Georgia
Civil Action No. 2006-CV-121110 (filed August 11, 2006)
Action seeking order disqualifying the law firm of Duane Morris from representing petitioners Nan and Alex Smith in an arbitration administered by the American Arbitration Association against McKesson Information Solutions LLC. Plaintiff claims that Duane Morris should be disqualified because Duane Morris currently represents in an unrelated matter two corporations that are part of the same corporate family as McKesson Information Solutions.
An evidentiary hearing on the petition took place Tuesday, October 31, 2006 before the Hon. Thelma Wyatt Cummings Moore. There were two witnesses: Professor Clark D. Cunningham and Steven C. Krane. Petitioner's request for an order disqualifying Duane Morris was granted on November 8, 2006.
Greg Land, Conflict claim sours big firm’s work with health giant --Duane Morris handling Atlanta suit against McKesson, is company’s counsel in Pennsylvania case (Fulton County Daily Report, August 31, 2006)
Complaint (pdf)
Engagement Letter (pdf)
August 2006 Correspondence Regarding Request that Duane Morris Withdraw from Smith Arbitration (pdf)
Duane Morris Memorandum in Opposition (pdf)
Affidavit of Steven C. Krane submitted by Duane Morris (pdf)
Affidavit of Brian W. Bisigani submitted by Duane Morris (pdf)
Transcript of October 31, 2006 Hearing Before Judge Thelma Wyatt Cummings Moore (pdf)
-- Testimony of Professor Clark D. Cunningham at pages 8-37
-- Testimony of Steven C. Krane at pages 42-69
November 1 Letter from Sean R. Smith, Duane Morris, to Judge Thelma Wyatt Cummings Moore (pdf)
Greg Land, Duane Morris'; conflict fight has broad reach -- Lawyers watching as McKesson Corp. seeks to force firm off case (Fulton County Daily Report, November 2, 2006)
Order of Disqualification (November 8, 2006) (Hon. Thelma Wyatt Cummings Moore) (pdf)
Greg Land, Duane Morris loses ethics fight with client -- Judge: megafirm has conflict working for McKesson affiliates, opponents (Fulton County Daily Report, November 10, 2006)
Order Vacating Permanent Injunction on Grounds That the Controversy is Now Moot (March 8, 2007) (Hon. Thelma Wyatt Cummings Moore) (pdf)
"Waiver of Future Conflicts of Interest: Permitted
in Georgia?" CLE Materials (Pt
1) CLE Materials (Pt 2)