Legal Question in Personal Injury in New York

Federal Judge's Inabilities

We filed a civil toxic tort lawsuit in federal court in April 1999. Shortly thereafter we filed a motion to have the opposing counsel disqualified for an ethics violation. The judge threw our lawsuit into arbitration but has not ruled on the motion for disqualification. Our attorney has been in contact over this period with the judge’s [former] law clerk. The clerk clearly was giving us the run around. Six weeks ago we learned from the new clerk that our motion was misplaced but had been found. According to the new clerk a decision from the judge was due today 4/8/02. Needless to say...

I just asked our attorney if I had any recourse in forcing the judge to rule swiftly on this motion. He told me he was not sure because he has never had a situation such as. Can anyone shed light on what my next step should be? This judge has denied me access to the system by compelling arbitration and is now denying me access to even that.


Asked on 4/08/02, 2:15 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Federal Judge's Inabilities

It does not take 3 years for a judge to decide a motion. I would go to the court house to see what is going on.

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Answered on 4/08/02, 4:24 pm


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