COM 0637.002 1996-1998 - Laserfiche WebLink

Home

~ ~ puana w•H• Pnnq, req. $epcember 17, 1993 Page 6 wa rend IIlettenhott as requiring near-total sepexatlon of dudes and rasponsibilitlos to the poise that the divisions se issue oporate as quasi-autoaomoue entities which have little or no daily substantive interaction. It maY not ba necessary for divisions to b• housed in soparate buildings for the conolueione roachwd in Elattenhoff to be spDlicable. loather, while the relative rite o! the governmental legal dapartsaent may D• a factor under ~~Q~, else alone would not be determinative. ]?gaia, howevor, we do not have sufficione information to alloy va to conclude thnt the connition¦ found to exist in l~ttanhotf apply in this situation. 8nrrinvv the receipt .o! ears .detailed fnctuel information regarding the orgnni=etioa..nnd.operation o! your office, we are unnble co conclude that the rssu]ts reached in Riactanhoft are applicable to your Depertmane in chic case. Moreover, an answer to this inquiry mould be moot unless, as discussed in Section II.A above, foil indemnifieetion !or the individual Defendant• is evailabla from the City on the punitive dea~sges claim. I should add in closing that your Dopartmant•s continued representation of the City in defending against the Defendant's workers' compensation claim would, upon any withdrawal by your Depestmant fram repsesentation o! the Defendant in the federal lnwauic, be conditioned upon full compliane• by your Department with nR 1-301. IIndsr DA ~-101, any conlidentinl client information which may hove Deen obtained from the palendent in connection w1tD the federal lawsuit canaot be utilised or revealed in the workers' compensation case without the informed consent o! the Defendant. iv. surQ+AeYs it i• my office's opinion that your office would be ethically precluded trom continuing to represent the individual Defendants unlssa the City can ar?d will iadeuanily them for any punitive damages awarded in the event o! an adverts decision !n the federal lawsuit. Na era without adequate !alormation upon which eo conclude that rho result roeohed in rtaee r. 1Clett4ppoii, ¦uorn, oan b• applied in this situation. Therefore, it i• my office's opinion that your Department would be Oisqualilied from siaiultaneovely defending the City against the workers' campenteCion claim filed by one of the Deisndnnes while detandiaq that individual !n the federal lawsuit.