Johnson v. Clark Gin Service, Inc.
United States District Court for the Eastern District of Louisiana
2016 WL 7017267 (2016)
After an Amtrak (defendant) train collided with a tractor trailer operated by Clark Gin Service, Inc. (Clark Gin) (defendant), seven Amtrak employees - including the train engineer and service crew - joined two train passengers (plaintiffs) in suing both defendants, with the same attorneys jointly representing all the Amtrak employee plaintiffs and one of the passenger plaintiffs. The employee plaintiffs alleged Amtrak violated federal employer liability laws by failing to warn employees of collision danger, while the passenger plaintiff alleged Amtrak's negligent failure to warn, including through its employees' own actions; Amtrak moved to disqualify the plaintiffs' shared counsel based on this dual representation.
Whether a conflict of interest exists if an attorney's representation of one client would materially limit the attorney's responsibilities to another client.