Estate of Jones Ex Rel. Gay v. Beverly Health & Rehabilitation Services, Inc.
District Court, N.D. Florida · 1999-05-24 · cited 4×
This case concerns a motion to disqualify the plaintiff's counsel, Charles H. Sinclair and his firm, from representing the Estate of Jones in a nursing home malpractice action against Beverly Health & Rehabilitation Services, Inc. The court found that Sinclair had previously represented a subsidiary of the defendant in a substantially similar case involving the same corporate family, during which he received confidential information, guidelines, and financial statements related to nursing home litigation. It held that an attorney-client relationship existed with the parent and subsidiaries as a whole due to the centralized handling of claims, and that the matters were substantially related. The motion was granted as to Sinclair and his firm, but denied as to local counsel without a showing of confidential information flow. The proceedings were stayed to allow the plaintiff time to retain new counsel.