Martin v. Atlanticare

2011 WL 5080255 (2011)

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Nature of the Case

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Facts

P, Karla Mayfield, and Donna Davis filed suit against D alleging that D discriminated and retaliated against them because of their race and ethnicity. P brings this claim on behalf of herself and as a 'collective action' on behalf of similarly situated workers. Costello & Mains (CM) represent Ps. D is represented by Morgan. Morgan assigned three attorneys. Rosenblatt, Jayachandran, and Grosskruetz (G). G started working on this case on November 24, until March 4. G worked over 100 hours on the case. G left Morgan on March 4 and started working for CM on March 7. G subsequently left CM on April 15 and is no longer working for the firm. Ds were not notified of G's side-switching and learning of it when someone noticed G's name on CM's letterhead. G is disqualified from representing Ps pursuant to New Jersey Rule of Professional Conduct (RPC) 1.9. Ds moved to disqualify CM. Ds argue that G's disqualification should be imputed to CM pursuant to RPC 1.10. Ds argue disqualification is appropriate because they did not receive timely written notice of G's side-switching. Ps dispute that G had primary responsibility for Ds' defense while she worked at Morgan. Ps also argue G was adequately screened and that Ds received timely notice of G's side-switching.