In Re Ford Motor Co., 751 F.2d 274 (8th Cir. 1984). · Go Syfert
In Re Ford Motor Co., 751 F.2d 274 (8th Cir. 1984). Cases Citing This Book View Copy Cite
41 citation events (6 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
cited Cited as authority (rule) In Re: Anderson v.
4th Cir. · 2008 · confidence medium
“The courts are extremely reluctant to grant a writ of mandamus.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) In re: Beasley v.
4th Cir. · 2005 · confidence medium
Court, 426 U.S. 394, 402 , 96 S.Ct. 2119 , 48 L.Ed.2d 725 (1976). “[CJourts are extremely reluctant to grant a writ of mandamus.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) In Re: Queen v.
4th Cir. · 2004 · confidence medium
Court, 426 U.S. 394, 402 , 96 S.Ct. 2119 , 48 L.Ed.2d 725 (1976). “[C]ourts are extremely reluctant to grant a writ of mandamus.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) Walker v. Filbert
4th Cir. · 2002 · confidence medium
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) In re: Miller-El v.
4th Cir. · 2001 · confidence medium
Court, 426 U.S. 394, 402 , 96 S.Ct. 2119 , 48 L.Ed.2d 725 (1976). “[CJourts are extremely reluctant to grant a writ of mandamus.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) In Re: Liverman v.
4th Cir. · 2001 · confidence medium
Court, 426 U.S. 394, 402 , 96 S.Ct. 2119 , 48 L.Ed.2d 725 (1976). “[C]ourts are extremely reluctant to grant a writ of mandamus.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
discussed Cited as authority (rule) In Re: Medtronic, Inc.
8th Cir. · 1999 · confidence medium
DISCUSSION We almost never issue a writ of mandamus in a district court discovery dispute because, as noted by respondent Adcox, such an order may issue only “in those exceptional circumstances amounting to a judicial usurpation of power.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
discussed Cited as authority (rule) In Re: Medtronic Inc v.
8th Cir. · 1999 · confidence medium
DISCUSSION We almost never issue a writ of mandamus in a district court discovery dispute because, as noted by respondent Adcox, such an order may issue only "in those -4- exceptional circumstances amounting to a judicial usurpation of power." In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984).
cited Cited as authority (rule) In Re: Jafari v.
4th Cir. · 1998 · confidence medium
Courts are “extremely reluctant to grant a writ of mandamus.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984).
cited Cited as authority (rule) Wilson v. Reno
4th Cir. · 1996 · confidence medium
Court, 426 U.S. 394, 402 (1976). "[C]ourts are extremely reluctant to grant a writ of manda- mus." In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984).
cited Cited as authority (rule) Wilson v. Reno
4th Cir. · 1996 · confidence medium
Court, 426 U.S. 394, 402 (1976). "[C]ourts are extremely reluctant to grant a writ of mandamus." In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) In Re: Les Williams
4th Cir. · 1994 · confidence medium
Court, 426 U.S. 394, 402 (1976). "[C]ourts are extremely reluctant to grant a writ of mandamus." In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
discussed Cited as authority (rule) In Re Bieter Company (2×) also: Cited "see"
8th Cir. · 1994 · confidence medium
This question remains largely one of discretion, as does issuance of the writ itself, see In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984), but these guidelines provide some direction.
cited Cited as authority (rule) In Re: Warren C. Robinson
4th Cir. · 1993 · confidence medium
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984).
cited Cited as authority (rule) In Re: Tommy McCall
4th Cir. · 1993 · confidence medium
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984).
discussed Cited as authority (rule) In Re Department of Justice, Barbara Ann Crancer v. United States Department of Justice (2×)
8th Cir. · 1993 · confidence medium
As noted by the panel in Crancer I, mandamus is “available only in those exceptional circumstances amounting to a judicial usurpation of power.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) In Re: Albert Russell Clay, Jr.
4th Cir. · 1992 · confidence medium
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984).
discussed Cited as authority (rule) In Re American Airlines, Inc., Amr Corporation
5th Cir. · 1992 · confidence medium
The test contains two prongs, one procedural and one substantive, and unless American demonstrates that it lacks an adequate alternative means to obtain relief, we need not consider whether its right to a writ of mandamus is “clear and indisputable.” Courts confronting this question have suggested that “[d]enial of a motion to disqualify counsel will rarely justify the issuance of a writ of mandamus.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984); see also In re Mechem, 880 F.2d 872, 873 (6th Cir.1989); In re Bushkin Assocs., Inc., 864 F.2d 241, 243-44 (1st Cir.1989).
discussed Cited as authority (rule) In Re Bryant Brown, A/K/A Brian A. Brown
4th Cir. · 1992 · confidence medium
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984). 3 A review of the district court docket sheets reveals that in each case in which Brown seeks relief the case has in fact already been transferred to the District of Columbia or has been dismissed without prejudice to Brown's right to refile there.
discussed Cited as authority (rule) In re American Airlines, Inc.
5th Cir. · 1992 · confidence medium
The test contains two prongs, one procedural and one substantive, and unless American demonstrates that it lacks an adequate alternative means to obtain relief, we need not consider whether its right to a writ of mandamus is "clear and indisputable." Courts confronting this question have suggested that "[d]enial of a motion to disqualify counsel will rarely justify the issuance of a writ of mandamus." In Re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984); see also In re Mechem, 880 F.2d 872, 873 (6th Cir. 1989); In re Bushkin Assocs., Inc., 864 F.2d 241, 243-44 (1st Cir. 1989).
cited Cited as authority (rule) In Re: Derek Dion Curtis, I
4th Cir. · 1992 · confidence medium
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984).
discussed Cited as authority (rule) In Re Department of Justice, Barbara Ann Crancer v. United States Department of Justice (2×)
8th Cir. · 1992 · confidence medium
Mandamus is an extraordinary remedy that is “available only in those exceptional circumstances amounting to a judicial usurpation of power,” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984), or “where the district court exceeds ‘the sphere of its discretionary power.’ ” In re Cessna Distrib.
cited Cited as authority (rule) In Re Joseph C. Anders
4th Cir. · 1991 · confidence medium
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) In Re James Joseph Owens
4th Cir. · 1991 · confidence medium
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) C.H. v. Sullivan
D. Minnesota · 1989 · confidence medium
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited as authority (rule) In Re William M. Clay, Individually and as One of All Others Similarly Situated in Civil Action No. 2:85-0719
4th Cir. · 1988 · confidence medium
In re: Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984). 5 811 F.2d at 826-27 . 6 Petitioner Clay has made no showing that warrants the granting of extraordinary relief.
cited Cited as authority (rule) In Re Diana R. Beard, (Two Cases)
4th Cir. · 1987 · confidence medium
In re: Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
discussed Cited as authority (rule) In Re Don Hamilton Oil Co.
8th Cir. · 1986 · confidence medium
The remedy of mandamus is a drastic one and is to be invoked only in those extraordinary situations “amounting to a judicial usurpation of power.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984).
cited Cited "see" In Re: Taylor v.
4th Cir. · 1998 · signal: see · confidence high
See In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984).
cited Cited "see" Lunde v. Helms
8th Cir. · 1990 · signal: see · confidence high
See In re Ford Motor Co., 751 F.2d 274, 275-77 (8th Cir.1984).
cited Cited "see" Lunde v. Helms
8th Cir. · 1990 · signal: see · confidence high
See In re Ford Motor Co., 751 F.2d 274, 275-77 (8th Cir.1984).
discussed Cited "see" In Re Bushkin Associates, Inc., and Merle J. Bushkin
1st Cir. · 1989 · signal: accord · confidence high
Accord In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984) (because denial of motion to disqualify counsel is effectively reviewable on direct appeal after final judgment, it “will rarely justify the issuance of a writ of mandamus”).
discussed Cited "see, e.g." In Re Life Insurance Company of North America
8th Cir. · 1988 · signal: see also · confidence medium
To avoid any *1193 erosion of the final judgment rule, the Court has required a party seeking mandamus to make two showings: (1) there are “no other adequate means to attain the relief ... desire[d],” and (2) that the “right to issuance of the writ is ‘clear and indisputable.’ ” Allied Chemical, 449 U.S. at 35 , 101 S.Ct. at 190 (quoting Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 384 , 74 S.Ct. 145, 148 , 98 L.Ed. 106 (1953)); see also In re Ford Motor Co., 751 F.2d 274, 276 (8th Cir.1984) (mandamus denied because moving party “failed to show that it will be irreparabl…
Retrieving the full opinion text from the archive…
In Re FORD MOTOR COMPANY, Petitioner
84-1746.
Court of Appeals for the Eighth Circuit.
Dec 28, 1984.
751 F.2d 274
Sidney S. McMath, Little Rock, Ark., for respondent., Alston Jennings, Wright, Lindsey & Jennings, Little Rock, Ark., for petitioner.
McMillian, Lay, McMilli-an, Arnold.
Cited by 37 opinions  |  Published
McMILLIAN, Circuit Judge.

Ford Motor Co. seeks review of a pretrial order entered in the District Court [1] for the Eastern District of Arkansas denying Ford’s motion to disqualify counsel representing the plaintiff in a products liability suit against Ford. Ford requests this court to issue a writ of mandamus pursuant to 28 U.S.C. § 1651 directing the district court to grant the motion to disqualify. For the reasons discussed below, we deny the petition for writ of mandamus.

Respondent Winslow Drummond is a member of the McMath law firm in Little Rock, Arkansas, and is counsel for the plaintiff in a suit seeking damages from Ford for injuries sustained in a fire in the plaintiff’s seven-month old 1983 Ford pickup truck. The complaint charges that Ford is liable for the plaintiff’s injuries and is based on strict liability and breach of implied warranties of merchantability and fitness for a particular purpose. The plaintiff seeks both compensatory and exemplary damages.

[*275] Prior to joining the McMath law firm, Drummond had been a member of the Wright, Lindsey & Jennings law firm, also of Little Rock, Arkansas, which served as local counsel for Ford. From 1974-1982, Drummond was lead counsel for Ford in litigation filed against Ford in Arkansas. Ford stated that the pending products liability suit brought by Drummond against Ford involves matters substantially related to the litigation Drummond had previously handled on behalf of Ford and that Ford had shared confidential matters with Drummond.

Ford filed a motion to disqualify Drummond and the McMath law firm as counsel for the plaintiff in the pending products liability case, arguing that their representa-' tion of the plaintiff violated Canon 4 and Canon 9 of the Model Code of Professional Responsibility. [2] The district court found no “substantial relationship,” see, e.g., T. C. Theatre Corp. v. Warner Bros. Pictures, Inc., 113 F.Supp. 265, 268-69 (S.D.N.Y. 1953), and denied the motion to disqualify. Ford sought immediate review of the order denying the motion to disqualify by petitioning this court for a writ of mandamus under the All Writs Act, 28 U.S.C. § 1651. See In re Multi-Piece Rim Products Liability Litigation, 612 F.2d 377, 378 (8th Cir.1980), vacated on other grounds sub nom. Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 101 S.Ct. 669, 66 L.Ed.2d 571 (1981) (Firestone).

“The remedy of mandamus is a drastic one, to be invoked only in extraordinary situations.” Kerr v. United States District Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 2123, 48 L.Ed.2d 725 (1976) (Kerr); see, e.g., Will v. United States, 389 U.S. 90, 95, 88 S.Ct. 269, 273, 19 L.Ed.2d 305 (1967); Central Microfilm Service Corp. v. Basic/Four Corp., 688 F.2d 1206, 1212 (8th Cir.1982) cert. denied, 459 U.S. 1204, 103 S.Ct. 1191, 75 L.Ed.2d 436 (1983); Sperry Rand Corp. v. Larson, 554 F.2d 868, 872 (8th Cir.1977). It is available only in those exceptional circumstances amounting to a judicial usurpation of power. Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 35, 101 S.Ct. 188, 190, 66 L.Ed.2d 193 (1980) (per curiam) (Allied Chemical); Will v. United States, 389 U.S. at 95, 88 S.Ct. at 273; In re Burlington Northern, Inc., 679 F.2d 762, 767 (8th Cir.1982); In re Brotherhood of Railway, Airline & Steamship Clerks, 605 F.2d 1073,1075 (8th Cir.1979) (per curiam).

The courts are extremely reluctant to grant a writ of mandamus. As noted by the Supreme Court,

[i]ts use has the unfortunate consequence of making a district court judge a litigant, and it indisputably contributes to piecemeal appellate litigation. It has been Congress’ determination since the Judiciary Act of 1789 that as a general rule appellate review should be postponed until after final judgment has been rendered by the trial court____ In order to insure that the writ will issue only in extraordinary circumstances, this Court has required that a party seeking issuance have no other adequate means to attain the relief he desires, ... and that he satisfy the “burden of showing that [his] right to issuance of the writ is ‘clear and indisputable.’ ”

Allied Chemical, 449 U.S. at 35, 101 S.Ct. 190 (citations omitted). “Moreover, it is important to remember that issuance of the writ is in large part a matter of discretion with the court to which the petition is addressed.” Kerr, 426 U.S. at 403, 96 S.Ct. 2124.

Denial of a motion to disqualify counsel will rarely justify the issuance of a writ of mandamus. In the present case Ford may attain the relief it desires by seeking review of the order on direct appeal after final judgment. As noted in Firestone, “[t]he propriety of the district court’s denial of a disqualification motion will often be difficult to assess until its impact on the underlying litigation may be[*276] evaluated, which is normally only after final judgment.” 449 U.S. at 377, 101 S.Ct. at 675. [3] The Supreme Court further noted that

[t]he decision whether to disqualify an attorney ordinarily turns on the peculiar factual situation of the case then at hand, and the order embodying such a decision will rarely, if ever, represent a final rejection of a claim of fundamental right that cannot effectively be reviewed following judgment on the merits.

Id. The Supreme Court recognized that even in those situations where a party would suffer some irreparable harm if forced to wait until after a final judgment before securing appellate review of the order denying the motion to disqualify counsel,

the moving party may seek sanctions short of disqualification, such as a protective order limiting counsel’s ability to disclose or to act on purportedly confidential information. If additional facts in support of the motion develop in the course of the litigation, the moving party may ask the trial court to reconsider its decision. Ultimately, if dissatisfied with the result in the District Court and absolutely determined that it will be harmed irreparably, a party may seek to have the question certified for interlocutory appellate review pursuant to 28 U.S.C. § 1292(b), ... and, in the exceptional circumstances for which it was designed, a writ of mandamus from the court of appeals might be available.

Id. at 378-79 n. 13, 101 S.Ct. at 675-76 n. 13 (citations omitted). Clearly, a petition for writ of mandamus represents the moving party’s last resort.

Ford has failed to show that it will be irreparably harmed or that its opportunity for meaningful appellate review will be lost unless immediate review is permitted. As was the case in Firestone, Ford has not shown that “the harm it might suffer if forced to await the final outcome of the litigation before appealing the denial of its disqualification motion is any greater than the harm suffered by any litigant forced to wait until the termination of the trial before challenging interlocutory orders it considers erroneous.” Id. at 379 n. 13, 101 S.Ct. at 676 n. 13. Ford, however, asserts that mandamus relief is necessary to correct clear legal error. We must disagree. “If we applied the reasoning advanced by [Ford], then every interlocutory order which is wrong might be reviewed under the All Writs Aet[, 28 U.S.C. § 1651].... In strictly circumscribing piecemeal appeal, Congress must have realized that in the course of judicial decision some interlocutory orders might be erroneous.” Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 382-83, 74 S.Ct. 145, 147-48, 98 L.Ed. 106 (1953) (footnote omitted); see, e.g., In re South Dakota, 692 F.2d 1158, 1162 n. 8 (8th Cir.1982).

[T]he potential harm that might be caused by requiring that a party await final judgment before it may appeal even when the denial of its disqualification motion was erroneous does not “diffe[r] in any significant way from the harm resulting from other interlocutory orders that may be erroneous, such as orders requiring discovery over a work-product objection or orders denying motions for recusal of the trial judge.”

[*277] Firestone, 449 U.S. at 378, 101 S.Ct. at 675, citing Armstrong v. McAlpin, 625 F.2d 433, 438 (2d Cir.1980) (banc), vacated on other grounds, 449 U.S. 1106, 101 S.Ct. 911, 66 L.Ed.2d 835 (1981) (in light of the Firestone opinion). Should this court conclude on appeal that the district court abused its discretion in denying the motion to disqualify counsel, we can at that time vacate the judgment and order a new trial. Firestone, 449 U.S. at 378, 101 S.Ct. at 675.

Accordingly, the petition for writ of mandamus is denied. We express no opinion on the merits of the motion to disqualify.

1

. The Honorable Elsijane Trimble Roy, United States District Judge for the Eastern and Western Districts of Arkansas.

2

. Model Code of Professional Responsibility Canon 4 ("A lawyer should preserve the confidences and secrets of a client.”), Canon 9 ("A lawyer should avoid even the appearance of professional impropriety.”),

3

. In Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 101 S.Ct. 669, 66 L.Ed.2d 571 (1981), the Supreme Court affirmed this court's holding that an interlocutory order denying a motion to disqualify counsel does not fall within the "collateral order" exception of Cohen v. Beneficial Indus. Loan Corp„ 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949) (Cohen), and thus is not subject to appeal under 28 U.S.C. § 1291. The Supreme Court in Cohen recognized a narrow exception to the requirement that all appeals pursuant to 28 U.S.C. § 1291 await final judgment on the merits. The Court held that some orders that did not end the main litigation were nonetheless final and appealable under § 1291. To come within this very limited class of "collateral orders,” “the order must conclusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be effectively unreviewable on appeal from a final judgment.” Coopers & Lybrand v. Livesay, 437 U.S. 463, 468, 98 S.Ct. 2454, 2457, 57 L.Ed.2d 351 (1978) (citations and footnote omitted).