Twenty-First Century Rail Corp. v. New Jersey Transit Corp.
2012 N.J. LEXIS 513
N.J.2012Background
- Hudson-Bergen Light Rail Transit System N30 Project involved tunnel, Bergenline Station, plaza, elevator shaft, and signaling integration.
- PKSB (FKSB) was FKSB Joint Venture contractor for the N30 Project; Twenty-First Century Rail Corp. was prime contractor.
- PB Americas served as project engineer; PB Americas' design work occurred during the N30 Project.
- FKSB retained Meller and Peckar & Abramson in 2004 to advise on delays and project risks, including potential liability of Washington Group and PB Americas.
- In 2004 FKSB received a March 24, 2004 letter advising on design/constructability issues and potential liability, reflecting FKSB’s adverse positions toward PB Americas.
- In 2005-2008, communications and representations occurred as PB Americas sought to hire Meller; FKSB asserted disqualification due to prior attorney-client relationship under RPC 1.9(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RPC 1.9(a) prohibits the representation without written consent. | FKSB contends matters are not the same; prior advice was limited and confidences insufficient to bar. | PB Americas argues underlying matters are not the same; no written consent required. | Yes; representation barred; matters are the same and no valid consent. |
| Whether the prior FKSB-lawyer relationship rendered the later representation of PB Americas in the same matter improper. | FKSB argues no substantial relation or confidential disclosures to bar; consent not given. | PB Americas asserts no prohibition as per Trupos framework. | Yes; same matter; RPC 1.9(a) prohibits adverse representation without written consent. |
Key Cases Cited
- Trupos, City of Atlantic City v. Trupos, 201 N.J. 447 (2010) (two-part test for substantial relation; confidential information relevancy)
- In re Cipriano, 68 N.J. 398 (1975) (conflict when matters interrelated; confidential disclosures not required to trigger disqualification)
- Dewey v. R.J. Reynolds Tobacco Co., 109 N.J. 201 (1988) (balancing standards in counsel disqualification motions)
- RPC 1.9(a) text, — (—) (prohibits representation in same matter absent written consent)