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Dispute Resolution Keyed to Goldberg, 7th Ed.
McKenzie Construction v. St. Croix Storage Corp.
Citation:
961 F. Supp. 857 (1997)Facts
McKenzie Construction brought a damages action against St. Croix Storage Corp. for conversion of lumber. The court ordered mediation and appointed Attorney Lisa Moorehead as mediator. After unsuccessful mediation, the parties resumed preparation for trial. Subsequently, Attorney Moorehead joined the law firm of Rohn & Cusick, which represented the plaintiffs. The defendants moved to disqualify both Moorehead and the entire firm, arguing that Moorehead had access to confidential information during mediation. Plaintiffs claimed they had created a “cone of silence” around Moorehead to insulate her from the case. However, evidence showed that Moorehead had contacted an investigator involved in the case after joining the firm, undermining the effectiveness of the screening procedures.
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