Johnson v. Clark Gin Service, Inc.

2016 WL 7017267 (2016)

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Johnson v. Clark Gin Service, Inc.

United States District Court for the Eastern District of Louisiana
2016 WL 7017267 (2016)

Facts

An Amtrak (defendant) train collided with a tractor trailer operated by Clark Gin Service, Inc. (Clark Gin) (defendant). A group of seven Amtrak employees, including the train engineer and six service crew members, joined two train passengers (plaintiffs) in filing suit against Amtrak and Clark Gin. The same attorneys jointly represented all of the Amtrak employees and one of the passengers. In the proceedings, the Amtrak employee plaintiffs alleged that Amtrak had violated federal employer liability laws by failing to warn employees of the danger of a collision, while the passenger plaintiff brought a claim in negligence against Amtrak for failure to warn, including through the actions of Amtrak’s employees. Amtrak filed a motion to disqualify the plaintiffs’ attorneys due to a conflict of interest arising from the attorneys’ representation of both employee and passenger plaintiffs.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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