EXXONMOBIL OIL CORPORATION v. TIG INSURANCE CO.

Nos. 20-1946 (L), 21-2658 (Con.) August Term, 2021.

44 F.4th 163 (2022)

EXXONMOBIL OIL CORPORATION, Petitioner-Appellee, v. TIG INSURANCE COMPANY, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 12, 2022.


Attorney(s) appearing for the Case

Daniel M. Sullivan ( Daniel P. Goldberg , Alison B. Miller , and Denisha S. Bacchus , on the brief), Holwell Shuster & Goldberg LLP, New York, NY, for Respondent-Appellant.

Donald W. Brown ( Allan B. Moore , Covington & Burling LLP, Washington, DC, P. Benjamin Duke , Andrew W. Hahn , Covington & Burling LLP, New York, NY, on the brief), Covington & Burling LLP, San Francisco, CA, for Petitioner-Appellee.

Before: Walker, Nardini, and Menashi, Circuit Judges.


This case involves two distinct issues. First, we consider whether vacatur is required where judgment was entered by a first district judge who belatedly realized that he had a conflict of interest, and a second non-conflicted judge then reviewed the merits of that decision de novo. Second, if vacatur is...

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