Home Care Industries, Inc. and VBI Partners, LLC v. Murray

154 F. Supp. 2d 861 (2001)

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Home Care Industries, Inc. and VBI Partners, LLC v. Murray

United States District Court for the District of New Jersey
154 F. Supp. 2d 861 (2001)

SC

Facts

John Murray (defendant) was the chief executive officer of Home Care Industries, Inc. (Home Care) (plaintiff). Steven Bosses, a Home Care employee, made a serious allegation against Murray related to a workplace altercation. The allegation included physical abuse that could have subjected Murray to personal liability. Murray would generally contact the Benesch law firm for his legal matters but in this instance contacted Skadden, Arps, Slate, Meagher & Flom, LLP (Skadden). Skadden counseled Murray on the incident and interviewed witnesses to learn more. Subsequently, Murray’s employment with Home Care ended. Home Care, represented by Skadden, sued Murray for a declaratory judgment related to the terms of Murray’s separation from the company. Specifically, Home Care sought to prove that Murray’s conduct related to the Bosses incident was grounds for terminating his rights under his employment agreement. As part of the lawsuit, Home Care put the blame for the Bosses incident on Murray. Skadden had never informed Murray that Home Care’s position on the Bosses incident was different than Murray’s. Murray filed a motion to disqualify Skadden from representing Home Care in the employment suit.

Rule of Law

Issue

Holding and Reasoning (Wigenton, J.)

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