Nina Cortell in Texas Lawbook: Texas Supreme Court Hears Bill Brewer Disqualification Case


A three-year long dispute over whether Dallas trial lawyer Bill Brewer should be disqualified from a big-dollar international lawsuit because his law firm and its Chilean co-counsel hired a former executive from the opposing side is finally nearing its conclusion.

Lawyers for RSR Corporation told the Supreme Court of Texas in oral arguments last week that the lower courts wrongly removed Bickel & Brewer from the Dallas-based lead smelter’s multimillion-dollar fraud and breach of fiduciary duty lawsuit against its business partner, Inppamet Ltda...

RSR v. Inppamet is now five years old and has been fiercely litigated on three continents. The case features Brewer against Mike Lynn. Both are hard-charging advocates who have openly clashed in court. More than $60 million is at stake...

Inppamet’s appellate lawyer, Nina Cortell, told the court that it must apply its 1998 ruling in American Home Products to determine that Sobarzo was a non-lawyer employee of Bickel & Brewer subject to an irrefutable presumption that he imparted privileged information through his meetings with the law firm and possession of 400 privileged documents on a pen drive.

“We seek to preserve the integrity of the judicial system at the highest level,” said Cortell, a partner with Haynes and Boone. “Only by applying the AHP presumptions here do you accomplish those goals.”

Excerpted from Texas Lawbook. To read the full article, click here (subscription required).

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