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Babineaux v. Foster

United States District Court for the Eastern District of Louisiana
2005 WL 711604 (E.D. La. 2005)


Tysonia Babineaux (plaintiff) retained former assistant city attorney Douglas Brown to represent her in an employment discrimination suit against the City of Hammond and Mayor Mayson Foster (defendants) after her termination as the city’s recreation director. The city moved to disqualify Brown based on a materially similar grievance Babineaux filed two years earlier, when Brown was still an assistant city attorney. Specifically, the previous mayor had copied Brown on two letters involving a confidential response to Babineaux’s complaint. Brown countered that the events alleged in Babineaux’s discrimination lawsuit occurred after Brown left the city attorney’s office and claimed that the defendants held a grudge against him for making a living suing his former employer. That said, Brown offered to amend the complaint to reference only those events that occurred after he left the city attorney’s office. Last, Brown urged that Babineaux’s right to counsel of choice outweighed any connection between her current discrimination suit and her previous grievance.

Rule of Law


Holding and Reasoning (Africk, J.)

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