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BOWERS v. OPHTHALMOLOGY GROUP

No. 12-6129.

733 F.3d 647 (2013)

Barbara Jean BOWERS, M.D., Plaintiff-Appellant, v. The OPHTHALMOLOGY GROUP, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2013.

Attorney(s) appearing for the Case

ARGUED: Stephen M. Bowers , Franklin, Kentucky, for Appellant. Kerry D. Smith , McMurry & Livingston, PLLC, Paducah, Kentucky, for Appellee. ON BRIEF: Stephen M. Bowers , Franklin, Kentucky, for Appellant. Kerry D. Smith , McMurry & Livingston, PLLC, Paducah, Kentucky, for Appellee.

MOORE, J., delivered the opinion of the court, in which SARGUS, D.J., joined. GRIFFIN, J. (pp. 655-58), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

When a prior attorney-client relationship exists between a party and an opposing party's counsel, the opposing party's counsel must be disqualified if confidential information was shared in the prior matter and that matter is substantially related to the current one. In this appeal, we consider the meaning of "substantially related."

Plaintiff-Appellant, Barbara...

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