In Re Epic Holdings, Inc., Epic Healthcare Group, Inc., and Epic Healthcare Management Co., Relators. in Re Kenneth…

Summary

The Texas Supreme Court granted mandamus relief, holding that Anderson's counsel must be disqualified under Rule 1.09 because the lawyers personally represented George and EPIC in 1988, the litigation is adverse, and the claims are substantially related and question the prior work product. The Court also found that EPIC waived its right to seek disqualification, but George did not, and that the district court's denial of the disqualification motions was a clear abuse of discretion. Justice Baker dissented, arguing that the majority applied the wrong mandamus standard and that EPIC waived its claim.