In her November 2024 ruling, Judge Waldor dismissed CarePoint’s disqualification request, concluding that CarePoint had failed to demonstrate that the facts from its earlier work with Proskauer were both relevant and material to the current lawsuit. CarePoint, however, insists that the magistrate judge applied the wrong standard of law in assessing the waiver of disqualification and believes the decision was “contrary to law and clearly erroneous.”
According to CarePoint, the judge should have applied New Jersey Supreme Court jurisprudence, which dictates that waivers should only occur in “extraordinary circumstances,” and even then, the offending firm should be barred from continuing to represent the client without pay.
CarePoint is seeking to have the court reconsider its motion and order the disqualification of Proskauer from the case. In its rejected motion, CarePoint emphasized that Proskauer had full access to its confidential financial information, which is now allegedly being used against it.
