The defendant bank brought a motion to remove the plaintiff's lawyer, arguing he would be a necessary witness at trial regarding his communications about an allegedly false incident report from a prior slip and fall action, and that he was in a conflict of interest.
The court applied the Mazinani factors and dismissed the motion, finding it was premature as discovery had not yet occurred and it was unclear if the lawyer's evidence would be significant.
The court also found no evidence to support the conflict of interest allegation.
