Babineaux v. Foster

2005 WL 711604 (2005)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was D's recreation director. P was dismissed in July 2003. P sued Ds for violations of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e, and Louisiana's anti-employment discrimination statute. P retained Brown to represent her. Brown had been the Assistant City Attorney during the administration of former Mayor Louis J. Tallo which ended on December 31, 2002. Since leaving the Hammond City Attorney's office, Brown has entered private practice, representing a number of individuals in lawsuits against D. In 2001, P had filed a prior grievance. Ds allege that (1) the subject matter of P's 2001 grievance is 'similar in all material respects' to P's current allegations and (2) Brown presumably has knowledge of confidential information relating to the prior complaint. Ds argue that Louisiana law and the Louisiana Rules of Professional Conduct require Brown to withdraw from the case. Brown contends that all of the events giving rise to the current allegations occurred after he left the City Attorney's office; that Ds hold a grudge against him for 'making a living suing his former client,' and, that Ds are only bringing this motion to disqualify him because of 'secondary motives.' Brown argues that P's right to counsel of her choice should outweigh any relationship between this case and P's 2001 complaint. Brown also offered to limit the suit to those events that occurred after he left working for Ds.