Cinema 5, Ltd. v. Cinerama, Inc.

528 F.2d 1384 (1976)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
C
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Cinema 5, Ltd. v. Cinerama, Inc.

United States Court of Appeals for the Second Circuit
528 F.2d 1384 (1976)

  • Written by Rose VanHofwegen, JD
Play video

Facts

Attorney Manly Fleischmann was a partner in both an upstate New York law firm and one in New York City. The upstate firm defended Cinerama, Inc., and other large movie-distributor and theater-chain operators (defendants) against two anti-trust lawsuits that local upstate theater operators brought alleging the large chains monopolized films. While the lawsuits remained pending, Cinema 5, Ltd. (plaintiff) hired Fleischmann’s other firm to sue the same large theater chains for allegedly conspiring to take over Cinema 5 through stock acquisitions and create a monopoly in the New York City market. Cinerama did not consent to Fleischmann or his other firm representing Cinema 5 and moved to disqualify the entire firm. The judge found a sufficient relationship between the two firms and controversies to inhibit future confidential communications between Cinerama and its attorneys and that the conflict required disqualification to avoid the appearance of professional impropriety. Cinema 5 appealed, arguing that the upstate anti-trust litigation lacked a substantial relationship to the New York City hostile-takeover action that would warrant disqualification.

Rule of Law

Issue

Holding and Reasoning (Van Graafeiland, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 820,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 820,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 820,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Legal Ethics

Key Terms