Applehole v Wyeth Ayerst Labs.

Summary

The Appellate Division, First Department dismissed an appeal challenging the disqualification of Parker Waichman LLP from representing intervenor plaintiffs. The court held that the prior disqualification ruling was law of the case and that Parker Waichman lacked standing to appeal because it had already been disqualified from representing the plaintiffs.

Holdings

1. The prior appellate resolution of Parker Waichman's disqualification was the law of the case and foreclosed reexamination because there was no newly discovered evidence or change in the applicable law.
2. Parker Waichman lacked standing to bring the appeal because it had been disqualified from representing the plaintiffs in any capacity.

Questions Presented

1. Whether the prior determination disqualifying Parker Waichman from representing the plaintiffs was binding under the law-of-the-case doctrine absent newly discovered evidence or a change in the law.
2. Whether Parker Waichman had standing to appeal an order disqualifying it from representing the plaintiffs.

Disposition

dismissed