The firm also criticized the plaintiffs for waiting over a year to raise these objections.
“[The] plaintiffs sat on that knowledge for over a year before acting,” the response said. “[Their] failure to raise the issue until now waives any arguable claim they could possibly have had.”
Concerns Over Tactical Motions
DarrowEverett warned against the misuse of disqualification motions, noting the potential for such motions to be wielded for strategic advantage.
“Courts should tread lightly when considering motions for disqualification,” the firm said, arguing that the plaintiffs’ motion was “untethered to facts” and designed to disrupt Waller’s defense rather than address any genuine ethical concern.
Solar Atty DQ Request response : What’s Next?
The class action accuses Power Home Solar and its backers of defrauding customers with inflated prices and misrepresentations about the efficiency of their solar systems. The company declared bankruptcy in October 2022, shortly before the lawsuit was filed.
