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Keywords

plaintifflitigationattorneymotioncompliance

Related Cases

Sumpter v. Hungerford, Not Reported in F.Supp.2d, 2013 WL 2181296

Facts

In the aftermath of Hurricane Katrina, NOR was established to facilitate foreign investments in New Orleans through the EB-5 Program. Jazayerli assisted NOR in various capacities, including providing legal advice and preparing immigration documents for potential investors. As issues arose with USCIS regarding the Fund's compliance with the EB-5 Program, Jazayerli's involvement deepened, leading to her eventual disqualification when she joined a law firm representing dissatisfied investors in a derivative action against NOR.

Issue

The main legal issue is whether Rana Jazayerli had an attorney-client relationship with NOR that would create a conflict of interest, thus warranting her disqualification from representing the plaintiffs in this case.

Rule

The court applied the substantial relationship test, which requires establishing an actual attorney-client relationship and determining whether the subject matter of the former representation is substantially related to the current representation.

Analysis

The court found that Jazayerli had an attorney-client relationship with NOR, particularly regarding her work on Mr. Sumpter's Request for Evidence (RFE) related to the EB-5 Program. The court concluded that the issues surrounding the RFE were substantially similar to the claims in the current litigation, thus meeting the criteria for disqualification under Louisiana's rules of professional conduct.

Conclusion

The court granted NOR's motion to disqualify Jazayerli as counsel for the plaintiffs, determining that her prior representation of NOR created a conflict of interest that could not be resolved.

Who won?

NobleOutReach, LLC prevailed in the motion to disqualify, as the court found that Jazayerli's prior representation created a conflict of interest.

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Keywords

Related Cases

Doe v. Wachovia Corp., 268 F.Supp.2d 627, 92 A.F.T.R.2d 2003-5125, 2003-2 USTC P 50,558

Hackett v. Village Court Associates, 602 F.Supp. 856, Fed. Sec. L. Rep. P 92,054

Edwards v. General Motors Corp., 153 F.3d 242, 74 Empl. Prac. Dec. P 45,568, 41 Fed.R.Serv.3d 1073

Simon v. KPMG LLP, Not Reported in F.Supp.2d, 2006 WL 1541048, 97 A.F.T.R.2d 2006-2806

LaHood v. Couri, 236 Ill.App.3d 641, 603 N.E.2d 1165, 177 Ill.Dec. 791