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MATTER OF DIET DRUG LITIG.

10998N.

180 A.D.3d 483 (2020)

119 N.Y.S.3d 94

2020 NY Slip Op 00993

In the Matter of Diet Drug Litigation. Clara Appel-Hole et al., Appellants, v. Wyeth-Ayerst Laboratories et al., Defendants, and Paul J. Napoli et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 11, 2020.

The court correctly determined that provisions of the Rules of Professional Conduct (22 NYCRR 1200.0) applied to the facts at issue and prohibit current associates at the Parker firm from representing plaintiffs in this case. Specifically, rule 3.7(a) provides that "[a] lawyer shall not act as advocate before a tribunal in a matter in which the lawyer is likely to be a witness on a significant issue of fact," which is the case here. This rule extends to associate attorneys...

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