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TWENTY-FIRST CENTURY RAIL v. NJT

No. A-0975-10T3.

17 A.3d 213 (2011)

419 N.J. Super. 343

TWENTY-FIRST CENTURY RAIL CORPORATION, Plaintiff, and Frontier-Kemper/Shea/Bemo, Joint Venture, Plaintiff-Appellant, v. NEW JERSEY TRANSIT CORP., Defendant, and PB Americas, Inc., f/k/a/ Parsons Brinckerhoff Quade & Douglas, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 2011.

Attorney(s) appearing for the Case

Paul W. Killian (Akin, Gump, Strauss, Hauer & Feld, LLP) of the District of Columbia bar, admitted pro hac vice, argued the cause for appellant (Lowenstein Sandler, PC, attorneys; Steven E. Brawer , on the brief; Mr. Killian and Mark J. Groff (Akin, Gump, Strauss, Hauer & Feld) of the District of Columbia bar, admitted pro hac vice, on the brief).

Bruce D. Meller argued the cause for respondent (Peckar & Abramson, P.C., attorneys; Mr. Meller and Michael S. Zicherman, River Edge, of counsel and on the brief).

Before Judges R.B. COLEMAN, LIHOTZ, and J.N. HARRIS.

The opinion of the court was delivered by

JONATHAN N. HARRIS, J.A.D.

In this interlocutory appeal we address the question of attorney disqualification in the context of successive representation—that is, a lawyer's duty to a former client—under the lens of City of Atlantic City v. Trupos, 201 N.J. 447, 992 A.2d 762 (2010).1 From our plenary and...

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